Terms and Conditions For Account Users
1. Application of terms and conditions
1.1 These terms and conditions apply to all persons and/or entities who have created a user account (“you”) on the website www.puertoplatadr.com/citybook (“site”) as operated by Golden Treasures, based in Sosua, Puerto Plata. (“we” or “us”). By creating a user account, advertising on our site or by submitting an article for publication on our site, you agree to the following terms and conditions and that these prevail over any other terms and conditions.
1.3 Any content posted or submitted by you to our site is subject at all times to the Acceptable Use Policy and these terms and conditions.
2. User Accounts and Listing Plans
2.1 In order to list your business on, advertise on or submit articles to our site you must create a user account or have our team submit content for you. Creation of a user account is free of charge. You must keep your password for our site safe and secure and operate your user account in accordance with these terms and conditions.
2.2 You may choose between 3 packages to list your business on our site. You may also request additional services such as banner advertising, featured classified adverts, sponsored articles, travel guide articles, events and videos on the site (as described in paragraph 8 below) also submit Articles for publication on the site (as described in paragraph 9 below). Non-featured classified adverts can be posted free of charge.
2.3 If you do not wish to be listed on our site and wish to terminate your user account, or Listing Plans please email firstname.lastname@example.org and we will remove your listing as soon as is practicable.
2.4 The Standard, Professional and Premium Listing Plans (“Paid Listing Plans”) provide registered users with the services described on our site in return for the fees set out on our site. Such services may change from time to time. You may upgrade to a Paid Listing Plan by paying the relevant fee in accordance with paragraph 4 below.
2.5 We may at our absolute discretion refuse a user account or any type of listing plan to any person or entity and we shall not be obliged to state our reasons for such refusal.
3. Term of user accounts and listing plans
3.1 User accounts and Listing Plans shall continue unless they are terminated by either party in accordance with paragraph 6 below.
3.2 Paid Listing Plans shall commence from the date on which full payment is received by us and shall continue for a period of the period depicted by the package taken. Upon the expiry of such said period, we will notify you in order to renew your listing subscription in advance.
3.3 Either of us may terminate a Paid Listing Plans in accordance with the provisions of paragraph 6 below.
4. Fees and payment
4.1 The fee for any Paid Listing Plan shall be as set out on our site at the time that you make payment for the Paid Listing Plan. This fee may change from time to time, not affecting plans already under contract until the duration of the plan.
4.2 The fees for Additional Services (as described in paragraph 8 below) shall be as set out on our site at the time that you make payment for the Additional Services. These fees may change from time to time.
4.3 All fees are exclusive of Dominican Republic Sales Tax or any applicable tax unless specified otherwise on our site.
4.4 Payment for all fees can be made through bank transfer, credit card, Western Union, check, or cash in our office.
4.5 All fees are quoted in US Dollars and currency exchange settlements will be as provided by local banks and your financial institution.
5.1 You may within 7 days of completing the online application for a Paid Listing Plan, cancel your Paid Listing Plan. To cancel your Paid Listing Plan, you must email email@example.com within the aforementioned time period providing clear notice of your wish to cancel your Paid Listing Plan.
5.2 If we receive notice of cancellation of your Paid Listing Plan in accordance with paragraph 5.1, we will refund the listing fee you paid back to your bank or credit card account within 30 days of our receipt of such notice.
6.1 You may terminate your user account or Listing Plan in accordance with paragraph 2.4 above and we may terminate your user account or Listing Plan at any time without notice to you by removing your listing from our site.
6.2 You may terminate your Paid Listing Plan at any time by emailing firstname.lastname@example.org and providing us with clear notice of your wish to terminate your Paid Listing Plan. Subject to paragraph 5 above, no refund of any fee will be provided on termination. Such termination of your Paid Listing Plan shall be effective from the date on which we remove your Paid Listing Plan from the site.
6.3 We may terminate your user account, Paid Listing Plan and the agreement between us without notice and without any liability to make any refund or other payment to you in the following circumstances:
6.3.2 you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
6.3.3 your user account or listing Plan may in our reasonable opinion adversely affect our goodwill or reputation; or
6.3.4 you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
7. Consequences of termination
7.1 Upon termination of the agreement between us, your right to use the registered user sections of our site shall immediately cease. We have no obligation to maintain any of your posted content, Additional Services, Articles or any content within your listing. If you were invited to a free test listing, this applies only after the testing term is over.
7.2 Any termination of the agreement between us shall not affect any rights or liabilities that have accrued to us prior to such termination.
8. Additional Services
8.1 Additional Services such as banner advertising, featured classified adverts, sponsored articles, travel guide articles, events and videos, being featured in our newsletter and having your photo displayed on our site home page are described on our site and may change from time to time. Additional Services are limited in number and will be accepted on a first come first served basis. We accept no liability for Additional Services not being available.
8.2 Advertisements purchased as Additional Services shall be in the size, format and location specified on our site at the time you make payment or in such similar location as we in our absolute discretion determine and shall be displayed on our site for the period of time specified on our site at the time you make payment.
8.3 You warrant that your advertisement complies with all applicable law and regulation and you shall indemnify us for any loss, damage or other liability that we may suffer as a result of you breaching this condition.
8.4 We may in relation to Additional Services provide specifications as to the materials to be provided by you in order for us to fulfill the delivery of such Additional Services.
8.5 We may reject in our absolute discretion any materials submitted in relation to Additional Services and may request you to provide amended or additional materials.
8.6 If you decide to withdraw your advertisement for any reason, we shall not be obliged to provide you with a refund.
8.7 We do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your purchase of any Additional Service.
8.8 All advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason.
8.9 We accept no liability for any errors in any advertisements (or for errors in any content on our site). Please double check once the Advertisement is online to make sure it is exactly what you ordered.
9.1 We may in our absolute discretion accept Articles (including all text, information, images, audio or video material in whatever medium or form we choose to accept) from you for publication on our site, as part of the Additional Services in order to promote your service or product.
9.2 If we accept an Article from you for publication on our site, you grant to us an exclusive licence to distribute the Article on the site and such other media as we shall decide, in order to bring our audience to it from our website visitors, and social media we advertise at.
9.3 The licence granted under this condition permits us to:
9.3.1 modify, electronically reproduce and distribute, and publicly display the Article on the site (including packaging the Article with other Articles from third parties); and
9.3.2 reproduce and distribute through any media now known, or hereafter developed, excerpts of the Article in advertisements for, and in marketing and promotional materials related to, the site.
9.4 If you submit an Article to our site, you shall be responsible for the accuracy and completeness of the Article.
9.5 We have no obligation to you, and undertake no responsibility, to review the Article to determine whether any such Article may result in any liability to any third party.
9.6 If we believe that any Article may create any liability for us or adversely affect the site’s reputation or standing, we may remove the Article or such part of the Article as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
9.7 We do not undertake to distribute or display the Article on the site or otherwise make use of it, nor do we undertake that the site will be operational at all times.
10. Intellectual Property
10.1 We are the owner or the licensee of all intellectual property rights in our site, and in all of the material published on it (except for the Articles described in paragraph 9). The site and such materials are protected by copyright laws and treaties around the world and we reserve all such rights.
10.2 You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials, advertisements or content submitted or shown on our site.
10.3 You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our site (including any advertising on our site or Articles you submit to our site).
10.4 You agree and acknowledge that we retain full editorial control over all advertisements and listings submitted by you to our site and that we will own all intellectual property rights in relation to such advertisements and listings (other than in relation to your branding and other intellectual property rights that are owned by you prior to you submitting such advertisements and listings).
10.5 We reserve the right to change the format, style and layout of our site and any advertisement, listing or Article submitted by you as we see fit.
10.6 You must not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.
11.1 You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into the agreement between us.
11.2 You warrant that all information that you have provided us with or have submitted to our site is true and accurate and not misleading in any way.
11.3 You warrant that in using our site you will comply at all times with all applicable law and regulations and advertising codes of conduct.
11.4 You warrant that any website owned or controlled by you that is listed on our site is free from illegal, defamatory or tortious content.
12. Limitation of liability
12.1 Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our site (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
12.2 In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for your current listing package and any current Additional Services. In the event that any court of competent jurisdiction does not allow such limitation on liability and awards damages against us in excess of the amount that you have paid for your current listing package and any current Additional Services, you agree to release us from all damages and liability in excess of this amount.
12.3 You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offense caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
12.4 You agree and acknowledge that we have no liability for our site not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on or through our site.
12.5 We shall have no liability for any advice, views, recommendations, advertisements and any other form of content provided by other users of our site or third parties.
12.6 Where we provide any content on the site that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content.
12.7 We have not verified or performed any checks on registered users or other users of the site who may contact you and we therefore disclaim all liability in relation to the actions of registered users, other users and any other third parties in relation to our site. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with registered users, other users or other third parties.
You hereby agree to, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions.
14 Force majeure
We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.
We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you. Your continued use of our site constitutes your acceptance of any new or updated or amended terms and conditions.
No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.
19 Entire Agreement
20 Third party rights
A person who is not a party to this agreement shall not have any rights under or in connection with it.
21 Governing law and jurisdiction
21.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Dominican Republic law.
21.2 The parties irrevocably agree that the courts of Dominican Republic shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
IMPORTANT COPYRIGHT NOTICE:
Citybook keeps a record of copyright licenses to all the images we use in the website, except those that belong to third parties we list in the directory. All images are protected by their copyrights, please contact us if you need images for your listing, as we keep a copyrighted stock in our archives and we do supply them for free to be used in our listing plans. We do not accept listings using images without the proper licensing, as stated in the terms in this page.