Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BYOD, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your BYODCities.com Account and Site. If you create a membership account on the Website, you are responsible for maintaining the security of your membership account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not enter in any misleading or unlawful information, including in a manner intended to trade on the name or reputation of others, and BYOD, LLC may cancel any membership account that it considered inappropriate or unlawful, or otherwise likely to cause BYOD liability. You must immediately notify BYOD of any unauthorized uses of your membership account or any other breaches of security. BYOD will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate an account, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your membership account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BYOD or otherwise.
Without limiting any of those representations or warranties, BYOD has the right (though not the obligation) to, in BYOD’s sole discretion (i) refuse or remove any content that, in BYOD's reasonable opinion, violates any BYOD policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BYOD’s sole discretion. BYOD will have no obligation to provide a refund of any amounts previously paid.
- BYOD Membership Payment and Renewal.
- Payments and Billing.
- Paid Services. Please see our FAQ page https://byodcities.com/faq/ for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
- Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. The Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL [email protected].
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY EMAILING [email protected]. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Auto-Renewal for Membership Services. Unless you opt out of auto-renewal, which can be done through a link in your profile, any Membership Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Membership Services at any time, go to your profile. If you terminate a Membership Service, you may use your membership until the end of your then-current term; your membership will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. MEMBERSHIP ACCOUNT ACCESS LINK: HERE
- Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
- Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at [email protected]. Unless otherwise specified, trial offers are one-time only for new members and are limited to one per household. Additional terms and limitations may apply to trial offers and promotions and will be more fully explained at the time you sign up. Any such additional terms and limitations are deemed part of this Agreement.
- Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability
- Social Media Services. The Services may allow you to share certain information with others outside of the Services, such as through your social networks. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, (e.g., by providing a “share” button on or near the Content). If you share information from the Services with others through your third party accounts, such as your social networks, you authorize us to share that information with the applicable third party website, service or resource on the Internet. Please review the policies of any such third party website, service or resource you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
- Support. If your membership includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by BYOD) concerning the use of the Membership Services. "Priority" means that support takes priority over support for users of the standard or free BYODCities.com services. All support will be provided in accordance with BYOD standard services practices, procedures and policies.
- Responsibility of Website Visitors. BYOD has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, BYOD does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BYOD disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BYODCities.com links, and that link to BYODCities.com. BYOD does not have any control over those non-BYOD websites and webpages, and is not responsible for their contents or their use. By linking to a non-BYOD website or webpage, BYOD does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BYOD disclaims any responsibility for any harm resulting from your use of non-BYOD websites and webpages.
- Copyright Infringement and DMCA Policy. As BYOD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BYODCities.com violates your copyright, you are encouraged to notify BYOD in accordance with BYOD Cities's Digital Millennium Copyright Act ("DMCA") Policy. BYOD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BYOD will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BYOD or others. In the case of such termination, BYOD will have no obligation to provide a refund of any amounts previously paid to BYOD.
- Intellectual Property. This Agreement does not transfer from BYOD to you any BYOD or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BYOD Cities. BYOD Cities, BYODCities.com, the BYODCities.com logo, and all other trademarks, service marks, graphics and logos used in connection with BYODCities.com, or the Website are trademarks or registered trademarks of BYOD Cities or BYOD’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BYOD or third-party trademarks.
- Advertisements. BYOD reserves the right to display advertisements.
- Attribution. BYOD reserves the right to display attribution links such as 'Blog at BYODCities.com,' theme author, and font attribution in your blog footer or toolbar.
- Changes. BYOD reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BYOD may also, in the future, offer new services and/or features through the Website (including, the release of new content and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. BYOD may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BYODCities.com Membership account (if you have one), you must submit an emailed request to BYOD at [email protected]. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by BYOD, BYOD will not be required to refund your unwanted one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications) after the seven (7) days free trail period ends.
- Disclaimer of Warranties. The Website is provided "as is". BYOD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BYOD nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will BYOD, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BYOD under this agreement during the twelve (12) month period prior to the cause of action. BYOD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless BYOD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between BYOD and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BYOD, or by the posting by BYOD of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Houston, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BYOD may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
BYOD, LLC. ("BYOD") operates BYODCities.com and may operate other websites. It is BYOD’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, BYOD collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. BYOD’s purpose in collecting non-personally identifying information is to better understand how BYOD's visitors use its website. From time to time, BYOD may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
BYOD also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on BYODCities.com blogs/sites. BYOD only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to BYOD's websites choose to interact with BYOD in ways that require BYOD to gather personally-identifying information. The amount and type of information that BYOD gathers depends on the nature of the interaction. For example, we ask visitors who sign up at BYODCities.com to provide a username and email address. Those who engage in transactions with BYOD, LLC are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, BYOD collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with BYOD. BYOD does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
BYOD may collect statistics about the behavior of visitors to its websites. BYOD may display this information publicly or provide it to others. However, BYOD does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
BYOD discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on BYOD's behalf or to provide services available at BYOD's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using BYOD's websites, you consent to the transfer of such information to them. BYOD will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, BYOD discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when BYOD believes in good faith that disclosure is reasonably necessary to protect the property or rights of BYOD, third parties or the public at large. If you are a registered user of an BYOD website and have supplied your email address, BYOD may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with BYOD and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. BYOD takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If BYOD, or substantially all of its assets, were acquired, or in the unlikely event that BYOD, goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of BYOD may continue to use your personal information as set forth in this policy.
Contact. You may contact us at [email protected] or by mailing BYOD at 2600 South Gessner #306 Houston, TX 77063
Effective Date: August 29, 2019