Terms & Conditions
The terms and conditions that apply to CityDays service.
Details
In these terms and conditions, "we" and "us" means Lattice Ltd (company number 14004034), trading as "CityDays" or "The Secret City" whose registered office is at 128 City Road, London, EC1V 2NX
General
The following Terms & Conditions ("Terms") along with our Privacy Policy
(here) and Cookie Policy (here) (combined to form the collective "Terms") state your access
and use of the CityDays website and other applications CityDays owns, controls or makes
available to you ("Services"). This includes linked pages, blogs, features, content (including
user-compiled content by yourself). Your access and use of these Services is conditioned on the
acceptance of and compliance of CityDays's Terms. Use or access of CityDays's Services confirms
your acceptance to be bound by these Terms.
Basic Terms
By using CityDays's services you agree that neither CityDays nor any person associated with CityDays will be liable to you for any direct or indirect damages that arise. CityDays services take place on the streets, and it is the responsibility of every player to ensure their own personal safety whilst participating in CityDays's services. You agree to communicate this to any player involved in your booking.
You retain responsibility for all use of the Services and content posted to the Services and any consequences that occur. All content submitted by yourself to the Services will be visible to other users of the Services. You can disable your account to prevent this by visiting your account settings.
Content should only be posted if you are comfortable with others seeing this information.
Services are only to be used by persons of at least 13 years of age. All use of the Services should be undertaken under the compliance with these Terms and all applicable local, state, national, and
international laws, rules and regulations.
Opening an account on behalf of a company, organisation, or other entity, then: "you" includes you and
that entity; and you represent and warrant that you are authorised on behalf of that entity to bind
the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Secret City Services will evolve regularly and the nature of the Services may change without prior
notice. Services may be permanently or temporarily stopped by The Secret City to users and may not be
able to provide prior warning. Limits on use and storage remain at the sole discretion of
The Secret City and may be limited without prior notice or any liability to you.
Services may include advertisements, these advertisements may be targeted to specific Content or
information within the Services. Advertising types and extent may change. In consideration of
The Secret City providing access and use to its Services, you agree that The Secret City, third party
providers and it's partners may place such advertising within the Services or alter the display of
Content or Information associated with the Services whether submitted by you or other users.
Account Registration
A profile consists of a username, first name, last name, e-mail address and gender. An optional
information field is available to help improve our service. All personal details disclosed by you
on the Services will be collected and processed in accordance with our Privacy Policy and
Cookie Policy. You confirm that all the information provided to The Secret City is accurate and complete.
You agree that registration with The Secret City and access to your user account is solely for personal
use. You cannot authorise others to use your account, it is for your use only.
It is your sole responsibility to keep your registration and personal information confidential.
You will provide notification to The Secret City if suspect or actual unauthorised access to your
account is noticed. You shall cooperate with The Secret City and assist us with the action to prevent unauthorised use of your account.
All registration information and personal details provided to The Secret City is true and accurate.
Access to Services
The Secret City provides access to the Services on a temporary basis, while reserving the right to
withdraw or amend these Services at any time. The Secret City will not be liable for any reason if the
Services have been made unavailable. We reserve the right to alter, restrict of terminate access to
the Services at any time.
We may restrict access to the Services, or some of the Services at any time.
You are responsible for ensuring that all persons who access the Services through your internet
connection are aware of these Terms and that they accept them.
Services Content
The Content on the Services is the sole responsibility of the person who originated such Content.
The Secret City reserves the right to routinely screen or monitor content posted by users of the
Service and remove Content that infringes upon the Terms (or applicable law), The Secret City is under
no obligation to do so. Any use or reliance on the Content or Services obtained by you is at your
own risk. We reserve the right to remove Content at any moment without notice to you.
The Secret City does not endorse, support, represent or guarantee the completeness, truthfulness,
accuracy or reliability of any Content or communications transferred through the Services. We do not
endorse the opinions expressed by users of the Services. You use the Services knowing that you may
be exposed to Content that might be offensive, harmful, inaccurate or inappropriate. In some cases
postings may be mislabelled or are otherwise deceptive. Under no circumstances will The Secret City be
liable in any way for the Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage that is incurred as a result of the use of any Content.
If your account is terminated or deactivated, or if you remove any Content from the Services, your
Content may be retained for a commercially reasonable amount of time for backup, archival or audit
purposes. Further to this, The Secret City and other users of the Service retain and continue to use,
store, display, reproduce, modify, create derivative works, perform and distribute any of your
Content that other users have stored or shared through the Service.
The Secret City allows you to follow other users and items they have selected and compiled on the
Services. By using these Services you agree to allow other users of the Services to follow you.
Your Rights
You retain your rights, including copyright and other intellectual property rights, to all Content
you post or display through the Services. By submitting, posting or displaying Content on the
Services you grant The Secret City a worldwide, non-exclusive, perpetual, irrevocable, royalty-free
licence (with the right to sublicense) to use, copy, reproduce, process, adept, modify, publish,
transmit, display, create derivative works from and distribute the Content in all media or
distribution methods (whether now known or later developed).
You agree that the licence includes the right for The Secret City to make the Content available to other
companies, organisations or individuals who partner with us.
You agree that no compensation will be payable to you in respect of any use of the Content by
The Secret City or it's partners. You waive all moral rights (or similar or equivalent rights in other
jurisdictions) you have in such Content to the fullest extent permitted by the law.
Your Content may be adapted or modified by The Secret City at any time for the purpose of transmitting,
displaying or distributing the Content over computer networks and various other media.
You are responsible for the use of the Services and the Content you provide, including any
consequences thereof, including the use of your Content by other users, The Secret City and their
partners. If you do not have the right to submit Content for use by The Secret City, it may subject you
to liability. The Secret City will not be liable for any use of your Content in accordance with these
Terms.You represent and warrant that you have all the rights, power and authority necessary to grant
the rights granted herein to any Content that you submit.
The Secret City provides you a personal, worldwide, royalty-free, revocable, non-sub-licensable,
non-assignable and non-exclusive licence to use the Services (this includes future updates made
available to you, provided that such updates may be subject to additional terms notified to you at
the time of such update), subject to these Terms. This license is provided with the sole purpose of
enabling you to use and enjoy the benefit of the Services as provided by The Secret City, subject to
these Terms.
The rights to use the Service are license, not sold to you. Except to the extent permitted by
applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer,
adapt, alter, edit, re-position, re-brand, change, distribute, lend, hire, sub-license, rent or make
derivative work from the software in the Services.
The Secret City Rights
All right (including trademarks, copyright and other intellectual property rights), title, Services,
Content (excluding user provided Content of the Services) including but not limited to all
information, data, text, graphics, logos, icons, trade marks, images, video clips, sound clips,
editorial content, notices, data compilations, layout or arrangement of Contents of the Service, the
underlying code and software in the Service are and will remain the exclusive property of The Secret City
and its licensors. The services are protected by copyright and other laws around the world. All
rights are reserved.
A single copy may be printed of any page from our Service for personal reference. Any copies
printed, or digital must not be modified in any way. The copy must not be split from any accompanying text.
Content must not be copied to form a collection, compilation, directory or database unless The Secret City
provides prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to
use the Service will cease immediately and you must destroy any copies of the materials you have.
Restrictions on the Use of Services and Content
The services shall not be used in the following ways:
- in any way that violates any local, national or other laws or regulations, or any order of a court in any relevant jurisdiction;
- for any purpose not permitted by these Terms;
- to infringe the rights or any person or entity;
- to advertise or communicated any false or misleading material;
- to intentionally or unintentionally promote or incite racism, bigotry, hatred or physical harm in any way as well as harass, annoy or threaten any other user;
- in any abusive, defamatory, inaccurate or offensive way;
- to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian);
- in any way promoting illegal or unlawful activities;
- to access or tamper with any non-public areas of the Services, The Secret City's system, servers equipment or technical delivery systems;
- to attempt to access any data of other users or to penetrate any of the security measures in place;
- to intentionally or unintentionally deceive, defraud or swindle any other user;
- to introduce malware, virus or other harmful software programs;
- to interfere with the access of any user, host or network including, without limitation to sending a virus, overloading, flooding, spamming, mail-bombing, or other;
- to copy, modify or distribute another users Content without their consent;
- for commercial purposes except for those expressed within the Terms;
- bypassing measures used to prevent access to the Services;
- to provide unlawful services;
- to harvest or otherwise collect information about others without their consent;
- to attempt or gain unauthorised access to the Service, or the server on which the Service is stored or connected to the Services;
- to forge TCP/IP packet header information or in any way use the Service to deceive others;
- to scrape, crawl or spider, or otherwise the Content or Service for phishing, spamming, trolling or any other unauthorised (commercial) purpose;
- in any way to promote or support involvement in any political platform or religion, cult or sect;
The Secret City reserves the right at all times (but has no obligation) to remove or refuse distribution
of any Content or Services, this includes termination of users or reclaim usernames. The Secret City
reserves the right to access, read, preserve or disclose any information as it believes is necessary
to: 1) satisfy any applicable laws, legal process, regulation or government request; 2) enforce the
Terms or investigate any violations; 3) detect, prevent, or address fraud, security of technical
issues; 4) to respond to use support requests; 5) to protect The Secret City, it's rights, property or
safety of its users and the public.
The The Secret City API has to be used for any reproduction, modification, derivative works, distribution,
sale, transfer, display, performance or transmissions of the Content or Service..
We do what we can to protect the security of your Content and account, we cannot guarantee that
unauthorised third-parties will not be able to defeat our security measures. If any unauthorised use
is found, please notify us immediately.
Our Services are available "as-is"
You access the Services and Content at your own risk. You understand and agree that the Services
are provided to you on an "AS-IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, The Secret City and it's partners disclaim to the maximum extent
permitted by law any warranties, representations (other than fraudulent misrepresentation),
guarantees or conditions, whether express or implied.
The Secret City makes no warranty and disclaims all responsibility and liability for availability,
accuracy, completeness, functionality, timeliness, compatibility, freedom from defects, performance,
security, availability, or reliability of it's Service or Content. The Secret City is not responsible or
liable for any harm to your computer system, loss of data or other harm that may result from access
or use of our Service. You also agree that The Secret City has no liability of responsibility for
deletion, failure to store, transmit any Content or communications used by the Services. The Secret City
makes no warranty that the Service will meet your requirement or be available uninterrupted or on an
error-free. No information or advice, whether oral or written, obtained from The Secret City or from the
Service will create any warranty not expressly made herein.
The Secret City does not provide warranty that the Services are free from infection, viruses or any
other contaminating or destructive properties. The Services are used at your own discretion and risk
will be solely responsible by yourself, for any damage to your computer, mobile device or network.
The Secret City will not be liable for any loss of damage caused by a distributed denial-of-service
attack, viruses or any other harmful material that may infect your devices.
We are not liable to you for any restriction or inability to access the Services at any time,
for any reason.
Limitation of Liability
To the maximum extent permitted by applicable law, The Secret City and it's employees will not be
liable for any:
- Loss of profits, sales or contacts;
- Loss of income or revenue;
- Loss of business opportunity or goodwill or reputation;
- Loss or corruption of data or information;
- Loss of anticipated savings;
- Wasted management or office time; or
- Any indirect, incidential, special, consequential or punitative damages,
Arising from or in any way connected to:
- Your access to or use of the services;
- Your delay in using, or inability to access or use the services;
- The fulfilment of your orders from our The Secret City partners;
- Any conduct or content of any third party on the services, including without limitation any defamatory, offensive or illegal conduct of other users or third parties;
- use of any content, information, products, or services obtained through the services; or
- unauthorised access, use or alteration of your transmissions or content
Whether based on warranty, contract or tort (including negligence) or otherwise, even if we have
been advised of the possibility of loss of damages.
Notwithstanding the exclusions set out in these terms, if we are found to be liable to you, our
total aggregate liability to you for all and any damages, losses or causes of action arising,
by reason or in connection with your use of the services, shall be limited to £100.
Nothing in these terms shall affect your statutory rights as a consumer or limit or exclude our
liability for personal injury or death caused by our negligence or fraudulent misrepresentation or
any other liability which cannot be excluded or limited under law.
The laws of some countries do not allow some or all of the limitations described above. If these
laws apply yo uou, some or all of the above limitations may or may not apply to you, and you may
have additional rights.
We shall not be held responsible for any delay or failure to comply with our obligations if the delay
arises from powers outside of our reasonable control.
Your Liability
All Content that you add to the Services is your sole responsibility and liability. You agree not to
hold The Secret City responsible for things other users say or do through the Services. If you have a
dispute with another user, you released us from any and all claims, demand and damages for all kind
and nature, known or unknown, arising from such disputes.
You shall indemnify us and keep us full indemnified on demand from and against all liabilities,
costs, damages, expenses, losses, legal costs (calculated on a full indemnity basis) and all other
reasonable professional costs, other expenses suffered or incurred by us arising out of or in
connection with your use of the Services, the Content your breach/violation of these terms and/or
as a result of your violation of any applicable law or regulations.
Waiver and Severability
The Secret City's failure to enforce any right or provision of these Terms will not be deemed a waiver
of such right or provision. If any event occurs that any provision of these Terms is not valid or
becomes unenforceable, the remaining provisions in the Terms remain in full force and effect.
Governing Law and Jurisdiction
English courts will have exclusive jurisdiction over any claim arising from, or related to, a
visit to or your use of the Services. Any dispute or claim arising from these Terms shall be
governed by and construed in accordance with the law of England and Wales.
Entire Agreement
These Terms are the entire and exclusive agreement between The Secret City and you regarding the
Services (unless you have a separate agreement with The Secret City for another Service) and these Terms
supersede and replace all prior agreements between The Secret City and you.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation,
warranty or undertaking not expressly incorporated in them.
If a proper authority deems a provision in these Terms to be unenforceable or invalid, such
unenforceability shall not render these Terms unenforceable as a whole in such an event. The invalid
or unenforceable provision shall be changed and interpreted to best accomplish the objectives of the
provision within the limits of applicable law or the applicable court decisions.
If a dispute arises between The Secret City and you, we strongly encourage you to contact us directly to
seek a resolution. We consider all reasonable requests to resolve the dispute through alternative
resolution procedures.
All failures bt us to exercise any right or remedy under these Terms does not constitute a waiver of
that right of remedy.
The Secret City's services are licenced personally to you and you may not assign, license, sub-license
or transfer rights or obligations of these Terms.
We reserve the right to transfer our rights or obligations under these Terms, any transfer to a
third party will continue to honour your rights under them.
No provisions within these Terms shall be deemed to constitute a partnership between the parties,
not will they constitute either party the agent or employee of the other for any purpose.
The Secret City may revise these Terms, the most current version will always be displayed here. You will
be notified by e-mail at The Secret City's sole discretion if the revisions are material. Continuing to
access the Services after the revisions become effective, confirms your agreement to be bound by the
revised Terms.
Effective: 14 September 2018
