Terms of Service Agreement
This website WowCity.com, including our advertising network, is a portal intended to connect shoppers to businesses and businesses to shoppers within a given city or geographic area. This TOS applies to our site visitors (Non-members, no accounts, guest users) and Portal Members (Shoppers and Businesses owning an account).
This website and portal services (collectively as “services”) are provided by WowCity E-Media Services (“we”, “our”, “WowCity”), an interactive media group, for the purpose of helping businesses obtain web presence (websites in WowCity.com ex. http://widgets.wowcity.com), online promotions (listings and classifieds), and advertising (paid placement and positioning of classifieds, listings and banners).
This Terms of Service Agreement (“TOS”) puts forward the legal terms that bind the use of our services by Portal Members and all Users (collectively as “you”, “your”). You agree to be bound by our TOS when using our services, whether your usage is intended or unintentional, you are website user or “Visitor” ( someone who is simply browsing), and you are a “Portal Member” (a registered account holder in this website). You are only authorized to use this website if you agree to abide to this agreement. Please read this agreement completely. If you do not agree, you are then obliged to leave the website and not to use or participate in any of our services. Portal members shall adhere to the TOS at all times while using the services provided for all activities involved in maintaining your portal services and while using the website.
Portal Members are Shoppers and Businesses who registered with us and have access information to manage their own portal services in the website. The Shopper account is the starting point in advertising in WowCity. Once a Shopper account is created by business owners, they will have access to business services such as business listing, classifieds, and website. These businesses are represented by its owners or authorized contact persons nominated by the business to conduct a relationship with WowCity as the provider of the advertising services. All businesses are subject to our verification and approval process in order to maintain reliable and trustworthy content in our website. We reserve the right to refuse service, use, and memberships to anyone at our own sole discretion.
This TOS includes Portal Members Acceptable Use Policy (AUP) for the use of our portal services and the Contents posted and displayed in the website and the Eligibility Requirements. The website is intended for the general public and our contents are FREE for the Users for browsing and viewing only. Portal Members and Users are not to download any pictures, images, media files, and photos from the website.
Due to the nature of the Internet as a very public and accessible medium, WowCity will perform best efforts to monitor the contents of the website. Users can also use the link “Report Abuse” to send us a report about any inappropriate material posted in the website. You will not hold WowCity responsible or liable for any harm or loss caused by the use of the website from any contents, false claims, misleading advertising, and product or service disputes.
WowCity assumes no responsibility for the contents provided and posted by our Portal Members. We do not guarantee the accuracy of any information in this website coming from Search Results, business addresses, and business information. It will be up to YOU to get in contact with the business and we are not responsible for any direct or circumstantial damages and loss caused by Contents from our Portal Members, errors with address, and map and directions.
WowCity reserves the right, in our sole and final decision, the removal, suspension, modification, and termination of any Portal Member Account and Access who are in violation of the AUP, breach of contract, non-payment or late payment of services, and for any reason disclosed or undisclosed by us, at anytime, with or without any prior notice or consent, and without any liability to us and to any our affiliates.
Portal Members Acceptable Use Policy:
I. All Portal Members MUST agree to the AUP at all times.
1. Provide accurate and complete information when advertising products and/or services. You MUST honor all promotions and coupons placed in your page, if any.
2. Do not make false and misleading claims about your business, products, and services.
3. You are not allowed to say anything against any business and you will practice fairness as a Portal Member by promoting your products and services without comparison to others. No profanity or any offensive language is allowed in any content of your Portal Page.
4. Your Account Log In information must be kept in your sole confidence and must not be shared to anyone. We advice that you change your Username and Password from time to time to prevent someone else from accessing your account. We assume NO liability for the occurrence of hacking and unauthorized access to your account, damage to your portal page, and to any loss incurred by this event.
5. Videos, Media Clips, Media Streams, Photos, and Images cannot contain nudity, sexually explicit material, offensive words, any offensive content, false claims, lewdness, acts of violence, and any objectionable form of material or content.
6. All Contents in your Portal Web Page MUST ALL be related to your and/or your business.
7. All Photos and Images placed, linked, uploaded, and posted MUST be owned by the business prior to posting or display, where YOU have 100% rights and ownership of the photos taken by you or by your hired photographer for the purposes of advertising and promoting your business. All persons appearing in the PHOTOS and IMAGES MUST have a SIGNED WAIVER in your custody or the photographer. You will be fully responsible for any copyright claims or violations for images and photos in your account.
8. You will not place anyone else’s information in your Portal Page; for example, display someone’s address, phone number, and email. The ONLY Address, Phone Numbers, and E-mail allowed in the website are your business’ public information.
9. Your E-mail can ONLY be displayed in your website portal upon checking the BOX to display it as a link or by you typing your email in your portal page.
10. You agree to NOT DO any of the following in the Control Panel or Dashboard: upload any malicious files, put java scripts, use form tags, embed any malicious code, and link to executable files, php scripts, download links.
You will NOT HOLD WowCity and all its affiliates liable for any material or content YOU have in your Profile Page, Account, Video, Images, Postings, Comments, Reviews, Classifieds, and Website. This website is for the use of the General Public, please adhere to the AUP with care.
II. Portal Member Eligibility:
OPEN to everyone with a valid e-mail address.
Important Note to Shoppers: PREVENT ONLINE FRAUD! Shop and transact with businesses you know and trust. Do your part in contacting the businesses and obtain references before buying from them. Do not give out your personal information to the public domain. We recommend that you keep your privacy and do not type or post any vital and personal information to your profile and web pages.
1. Must be a valid and registered business entity.
2. Must have a valid Business License or Permit.
3. If applicable, you must have a valid Seller’s Permit (you sell tangible goods).
Upon the request of WowCity, you MUST furnish us with copies of these documents for the verification of your business via mail, fax, or email. Understand that you are solely responsible for resolving disputes and complaints from your customers.
III. Proprietary Rights for Site Contents
All images, photos, media clips, textual content, and any material published or posted by you in this website grants us the full rights, which is non-exclusive, and thereby gives WowCity the right to modify, and reuse the images for the contents of our website and network websites while you have an account with us.
IV. Your Rights and Privacy
We will keep your private information within WowCity.com and its affiliates. These are the information about you that we deem to be public:
All other information you post in your profile or website.
1. Business Address
2. Name of your Business
3. Business Telephone Numbers
4. Business Website URL
5. All other information you post in your profile or website.
Your e-mail address can be supplied to the public in your own sole discretion. Your name and contact person’s name for business purposes can be placed by only you by typing it in the HTML editor sections. We strongly advise YOU to NOT put any personal contact information in you portal page such as home address, cell phone numbers, sensitive personal story and personal email.
All private information you provide to us will be kept within the bounds of our company, portal network, and our trusted affiliates. We will not sell, publish, and post in the website any of your private or personal information you provide to us or derived from any conservation with WowCity.
We will ask for your permission and written consent if we need to publish private information for the purposes of profile interviews, content sections, publicity, and promotion purposes of the website.
You have the right to get in touch with our company to resolve any questions.
V. Fees and Dues
All fees, payments, monthly subscriptions, and deposits made to WowCity are to be received within the stipulated time-frame as specified in the written contract or via the web through the use of Checkbox forms. Any breach of contract, TOS, and AUP shall result in the termination of your account without any notice or grace period without any refund or money owed by us to you. You will need to pay all reactivation fees and incurred balances owing us before your service is reactivated.
We reserve the right to make changes to our prices and fee structures.
VI. Rights to Communicate
We are given the right and privilege to communicate with you via phone, fax, and email with regards to our services, products, updates, and newsletters.
A. Portal Members
We reserve the right to investigate disputes between or amongst portal members. WowCity has no obligation to resolve any disputes and Portal Members must settle disputes amongst themselves. We may at our own sole discretion act on the removal or suspension of any Portal Member account as necessary.
B. Portal Members to Users and Vice-Versa
Disputes between Businesses and Shoppers are to be settled by the Portal Member.
C. Portal Members and WowCity
Portal members and WowCity agree to make a good faith effort to resolve any disagreement. In the event of failure to resolve the dispute, the disagreement or claim shall be submitted by either party to arbitration in Los Angeles County, California and in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Portal members shall indemnify and hold harmless WowCity (agents and employees) and its affiliates from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, made by any third party due to the breach of contract, TOS, AUP, and for copyright violations arising from the use of our services by our Portal members.
IX. Limitation of Liability
IN NO EVENT SHALL WOWCITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES. THE TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, WITH OR WITHOUT ADVISE OF SUCH POSSIBLITY OF DAMAGES) TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE DURATION OF YOUR TERM OF PORTAL MEMBERSHIP.