Tweets Around
How Citypon Works
Share
Get the cool deals Citypon has in your city and pass them on to your friends through any of you social networks or by email.Earn
If your friends subscribe using your referral link and make purchases you earn Citypoints! Build your network and increase your earnings!Enjoy
You'll get your Citypon by email, just print it or take it on your mobile gadget to redeem it and experience your city in a whole new way.Terms and Conditions
CITYPON® WEBSITE TERMS OF USE
Welcome to the Citypon.com website (the "Site"). By clicking "I Accept" and using this Site, you are agreeing to comply with and be bound by this Citypon, LLC Website Terms of Use Agreement ("Agreement"). Please review the following terms carefully. For purposes of this Agreement, the terms "Citypon", "we," "us," and "our" refer to Citypon, LLC and all affiliates of Citypon, LLC. "You" refers to you, as a user of this Site. If you do not agree to these terms, you do not have the right to access this Site or use this Site or its equipment in any way.
1. Acceptance of Agreement. Each time you access this Site, you confirm your agreement to abide by the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between you and us with respect to the subject matter herein, and supersedes all prior or contemporaneous agreements or representations with respect to the subject matter contained in this Agreement.
2. Your Password. We will provide you with a password that will enable you to access certain portions of this Site. You are responsible for keeping any such password information confidential. If you allow someone else to use your password, you are responsible for all activities of that person using your password.
3. Hours of Access. At certain times, this Site may not be available due to system maintenance, technical difficulties or for any other reason. We accept no liability for any downtime of the Site.
4. Additional Terms and Conditions and Other Agreements. In addition to this Agreement, you agree to be bound by, and will comply with, all applicable state and federal laws and regulations.
5. Termination. We reserve the right, in our sole discretion, to terminate your access to this Site, with or without notice to you, for any reason.
6. Assignment. We have the right to assign or delegate this Agreement, in whole or in part, at any time. You have no right to assign, transfer, loan, give away, encumber or disclose your password or any right given to you under this Agreement at any time.
7. Disclosure of Your Information. You authorize Citypon and each of its affiliates to disclose to third parties, agents, and other representatives, including, without limitation, consultants, auditors or attorneys, information you have provided or that we or our affiliates have obtained about you in the following instances: i) to comply with any law, regulation or court order which applies to us or an affiliate; ii) upon your authorization; iii) to local, state and federal authorities, if we believe a crime may have been committed involving your use of this Site; and/or iv) in response to requests by agents or professional advisors of Citypon, or its affiliates including, but not limited to, independent auditors, attorneys or consultants.
8. Intellectual Property Rights. You hereby acknowledge and agree that Citypon exclusively owns or has rights to all worldwide right, title and interest in and to all content, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within this Site, to all modifications and derivative works thereof, and to all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto (collectively "Materials"). Except as expressly provided herein, the copying, redistribution, use or publication by you of any of the Materials is strictly prohibited. You do not acquire any ownership rights to any of the Materials at any time by your access and/or use of this Site.
9. Submission. Citypon is pleased to hear from its subscribers and welcomes your comments regarding Citypon online services. If you send us submissions (e.g., postings to a Community Bulletin Board or contests) or you send us creative suggestions, ideas, notes, drawings, marketing concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Citypon. None of the Submissions shall be subject to any obligation of confidence on the part of Citypon. Citypon shall not be liable for any use or disclosure of any Submissions and Citypon may edit, in its sole discretion, such Submissions for use. Without limitation of the foregoing, you hereby assign to Citypon all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and agree that Citypon shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. To the extent this assignment is ineffective; you hereby grant to Citypon a royalty-free, nonexclusive, perpetual, unrestricted license to publish, transmit, perform, display and otherwise use the Submissions for any purpose whatsoever.
10. Trademarks. You hereby acknowledge and agree that: (i) Citypon, Citypon.com and all related logos and other Citypon marks used in connection with this Site are trademarks or service marks of Citypon, and shall remain the exclusive property of Citypon, and (ii) other product and company names mentioned on this Site may be trademarks of their respective owners.
11. Limited Right to Use. Subject to your compliance with those Terms and Conditions and other conditions listed on our website, Citypon grants you a limited, non-exclusive, non-transferable, indivisible license, without any right to sublicense, to use this Site and any Materials found herein, solely for your own personal use and not for republication, redistribution, assignment, resale, preparation of derivative works or any other use. You shall not directly or indirectly decompile, disassemble, merge, translate, modify or reverse engineer any portion of this Site, including the Materials or Software (defined below). Any software that is made available to download or use from this Site ("Software") is the copyrighted work of Citypon and/or its suppliers. Use of the Software is governed by the terms of the end-user license agreement ("License Agreement") and terms of use, if any, which accompanies or is included with the Software, ("Terms of Use"). End-users shall not install or use any Software that is accompanied by or includes a License Agreement and/or Terms of Use unless the end-user first agrees to the terms of the License Agreement and/or Terms of Use. For any Software not accompanied by a License Agreement and/or Terms of Use, the following shall constitute the terms of the License Agreement and/or Terms of Use: Citypon hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and to use this Site in accordance with these terms of use, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained in this Site, is owned by Citypon and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Except to the extent prohibited by law, Citypon hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
12. Editing, Deleting and Modification. We reserve the right in our sole discretion to add, edit or delete any documents, information or other content appearing on this Site with or without notice to you.
13. DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act ("DMCA"), Citypon has designated an agent to receive notification of claimed copyright infringement. If you believe that your copyrighted work is being infringed on Site, please notify our designated agent at:
legal@citypon.com
A. Contents of Notice: The DMCA requires that all notices of alleged copyright infringement be in writing. For Citypon to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Citypon of an alleged copyright infringement, you shall:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on the Site are involved, please provide a representative list of such works on the Site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit Citypon to locate that material.
3. Provide your contact information, including an address, telephone number and an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided Citypon is accurate. Attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include your physical or electronic signature.
14. Indemnity. You agree to indemnify, defend and hold harmless Citypon, its officers, directors, shareholders, employees, partners, equipment and service suppliers, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns (collectively "Affiliated Parties") from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement, (b) your use of this Site, (c) any transactions or other activities you engage in with any third party service or equipment providers, third party merchant sites or other third parties who you access by or through this Site (collectively "Vendors"), (d) your infringement or violation of the intellectual property or other rights of third parties, and/or (e) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of Citypon, as provided above, Citypon shall have the right to defend itself and, in that case, you shall reimburse Citypon for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of Citypon's written requests.
15. No Warranty. THIS SITE AND THE MATERIALS AND OFFERS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE). YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CITYPON AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION OR SERVICE ACCESSED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITYPON OR ITS AFFILIATED PARTIES THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, GUARANTEE OR PRODUCT ENDORSEMENT OF ANY KIND.
16. Limitations. YOU AGREE THAT NEITHER CITYPON NOR ITS AFFILIATED PARTIES SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ANY ADVERTISER, MERCHANT, EQUIPMENT, SOFTWARE, THIS SITE, INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE OR MICROSOFT, INTERNET ACCESS PROVIDERS OR ONLINE SERVICE PROVIDERS OR AGENT OR SUBCONTRACTOR OF THE FOREGOING. CITYPON AND ITS AFFILIATED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR UNDER ANY THEORY OF LIABILITY, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE USE OF THE SITE, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF EQUIPMENT OR SOFTWARE USED IN CONNECTION WITH THIS SITE, INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE, THE SERVICE AND THE INFORMATION PROVIDED HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT SHALL CITYPON'S LIABILITY TO YOU EXCEED THE AMOUNT OF FEES PAID BY YOU TO CITYPON FOR USE OF OUR SITE AND/OR SERVICES.
17. Vendors. We may allow access to, or advertise for, Vendors from whom you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Vendors. Vendors are responsible for all aspects of order processing, fulfillment, product performance and warranties, and customer service. We are not a party to the transactions entered into between you and any Vendors. All rules, policies (including privacy policies) and operating procedures of Vendors will apply to you while on such sites. We are not responsible for information provided by you to any Vendors. The Vendors and we are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that your use of such Vendors is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY VENDORS OR FOR ANY INFORMATION APPEARING ON VENDOR SITES OR ANY OTHER SITE LINKED TO THIS SITE OR ACCESSED THROUGH THE SITE.
18. Global Terms Relating to Vouchers.When you purchase goods or services offered by a Vendor and when the minimum sale requirement set forth in the offer has been met, you will receive a voucher ("Voucher") redeemable for the purchased product or services. Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
• no cash value for any Voucher.
• no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law.
• no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher.
• use of a Voucher for alcoholic beverages is at the sole discretion of the Vendor (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher.
• Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher.
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
• neither Citypon nor the Vendor is responsible for lost or stolen Vouchers or Voucher reference numbers.
• duplicate use, sale or trade of a Voucher is prohibited, except as required by law.
• unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
19. Links to Other Web Sites. This Site may contain links to other sites. We are not responsible for the content, accuracy or opinions expressed in such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such sites. Any hyperlink on our Site does not imply approval or endorsement of the linked site by us.
20. Miscellaneous. This Site (excluding linked sites) is controlled by Citypon from its offices in the State of California, United States of America. This Agreement will be construed and enforced in accordance with the laws of the state of California. Both parties agree that any disputes or legal claims will be resolved via arbitration by a single arbitrator under the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration will be conducted in San Diego County, California. In the event of a default of this Agreement, the defaulting party is responsible for reimbursing reasonable attorneys' fees and cost incurred in the collection of this account.
Any cause of action by you with respect to this Site and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or is forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement.
21. Attorneys' Fees. In the event a dispute arises regarding this Agreement or the use of this Site, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled.
22. Privacy. Citypon respects your privacy. For more information please read or privacy policy.
23. Our Contact Information.
Citypon LLC
P.O. Box 9142
La Jolla, CA 92038
United States
legal@citypon.com
CITYPOINTS TERMS AND RULES
These CityPoints rules ("Rules") control the terms and conditions for accumulating and using CityPoints. As a participant in the CityPoints program, you agree to abide by the Rules set out below and agree to all of the terms and conditions set out in these Rules.
In order to participate in the CityPoints program, you must "subscribe" to the program by signing up on the Citypon website or under the tab "Join my Network" of the subscriber's referral link. Once you do so, you will receive a Participant ID that will allow others to identify you as a CityPoints participant. All participants in the CityPoints program must be at least 18 years of age and older and live in the United States.
How do I participate in the CityPoints Program? Once you have subscribed to the Citypon website and have been assigned a participant identification number, you will have the opportunity to invite other Citypon subscribers to take advantage of the Citypon deals. When these subscribers that are in your network purchase a deal (meaning that the minimum number of sales must be reached), you will receive CityPoints equal to a percentage of your network's purchases three levels down. The method for earning CityPoints is described in detail under the CityPoints tab on our website and is incorporated herein by reference.
1. Terms and Conditions governing CityPoints.
- Participants may redeem points for other Citypon offerings.
- Participants may combine CityPoints, credit card and Citypon Gifts Cards to complete the entire purchase. In other words, the participant may use a combination of CityPoints and other forms of payment to make a purchase.
- The CityPoints have no independent cash value.
- CityPoints, if not use, expire on the three month anniversary of the date they are earned and from the last qualifying Citypon purchase for that account.All judgments about the validity of CityPoints will be made by Citypon in its sole and absolute discretion and all decisions by Citypon will be final.
- All CityPoints are subject to verification by Citypon and in the event that Citypon determines in its sole and absolute discretion that the CityPoints have been used by any person other than the participant to whom the participant code is assigned, such CityPoints shall immediately become null and void and the purchase attempted with such CityPoints shall have no force or effect.
- The offer to participate in the CityPoints program is void in all jurisdictions where such offers are prohibited or restricted.
-These Rules may be modified at any time by Citypon and it is up to each participant in the CityPoints program to remain knowledgeable about the content of these Rules. Each time you redeem or acquire any CityPoints, you are deemed to have acknowledged these Rules.
- Prior to or after the award of CityPoints, Citypon reserves the right to adjust the number of CityPoints awarded to any participant as a result of computer error, math error, failure to comply with these Rules or the Citypon Terms of Use or any other activity it deems fraudulent, unlawful or otherwise invalid. All decisions with respect to such adjustments shall be final and binding on the participant with no right of appeal.
- Citypon reserves the right to terminate any person's participation in the CityPoints program for any reason, or no reason at all, and further reserves the right to terminate the CityPoints program with no prior notice to participants. Upon termination, no participant shall have any rights whatsoever to redeem any CityPoints it may hold at the time of termination.
- Citypon or any participating Vendor may limit the number of purchasers for any offer that may redeem CityPoints for such offer and use any method it deems appropriate in its sole and absolute discretion to determine who may participate in a given offer. In so doing, it may impose any blackout dates or other limitations it may deem appropriate.
- If you want to opt out, you must send an email to info@citypon.com. By opting out, you forfeit any points earned under the CityPoints program.
2. LIMITATIONS OF LIABILITY
CITYPON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED REGARDING THE CITYPOINTS PROGRAM AND ANY PRODUCTS OR SERVICES PURCHASED USING CITYPOINTS TO THE MAXIMUM EXTENT ALLOWED BY LAW. EACH PARTICIPANT IN THE CITYPOINTS PROGRAM, AS A CONDITION THEREOF, HEREBY RELEASES AND WAIVES ANY CLAIMS OR ACTIONS, LOSSES OR DAMAGE OF ANY KIND RESULTING FROM PARTICIPATION IN THE CITYPOINTS PROGRAM OR ANY PRODUCTS OR SERVICES RECEIVED IN CONNECTION WITH THE USE OF CITYPOINTS.
Each Participant hereby agrees that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
3. GENERAL TERMS AND CONDITIONS
- Becoming a CityPoints Participant and use of the Citypon website are all subject to the Terms of Use set forth on the Citypon Website. If there is a conflict between these rules and the Citypon Terms of Use, the Terms of Use will control.
- Each participant in the CityPoints program is solely responsible for any taxes resulting from the accumulation and use of the CityPoints, including, but not limited to, all income, sales, use, value added, Federal, state or local taxes.
