TERMS OF SERVICE
Last updated
September 24, 2024
AGREEMENT TO OUR LEGAL TERMS
We are
SuperCity LLC , doing business as
SuperCity AI ( "Company," "we,"
"us," "our" ) , a company
registered in
Texas ,
United States
at 2121 Lohmans Crossing Rd , Ste 504 , Lakeway ,
TX
78734 .
We operate the website
https://www.supercity.ai
(the "Site" ) ,
the mobile application
SuperCity AI (the
"App" ) , as well as any other
related products and services that refer or link to these legal terms
(the "Legal Terms" ) (collectively, the
"Services" ).
You can contact us by phone at
(+1) 512-481-2224 , email at
policies@supercity.ai ,
or by mail to 2121 Lohmans Crossing Rd , Ste 504 ,
Lakeway , TX
78734 , United States .
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ( "you" ),
and SuperCity LLC , concerning your access to
and use of the Services. You agree that by accessing the Services, you
have read, understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws, you may not use
the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the
"Content" ), as well as the trademarks, service marks, and logos contained
therein (the "Marks" ).
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition
laws) and treaties in the United
States and around the
world.
The Content and Marks are provided in or through the Services
"AS IS"
for your personal, non-commercial use
or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
" PROHIBITED ACTIVITIES "
section below, we grant you a non-exclusive, non-transferable, revocable
license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal,
non-commercial use or internal business purpose .
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please
address your request to:
policies@supercity.ai . If we ever grant you
the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions and
contributions
Please review this section and the
" PROHIBITED ACTIVITIES "
section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ( "Submissions" ), you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums,
and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to
text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
( "Contributions" ). Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through
third-party websites .
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and logos):Â By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur in any media
formats and through any media channels.
This license
includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting
Contributions through any
part of the Services or making
Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts,
you:
-
confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; -
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission
and/or Contribution ; -
warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and -
warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no
obligation to monitor any Contributions, we shall have the right to remove
or edit any Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these Legal
Terms. If we remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the
" DIGITAL MILLENNIUM COPYRIGHT ACT
(DMCA) NOTICE AND POLICY "
section below.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; Â (3) you have the legal capacity and you agree to comply with these Legal
Terms;
(4) you are not under the age of 13; Â (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the
Services ; (6) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or
unauthorized
purpose; and (8) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree
to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that
we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in US dollars .
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment
method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment , appear to be placed by dealers, resellers, or distributors.
6. POLICY
All sales are final and no refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may not be
used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active
information collection or transmission mechanism,
including without limitation, clear graphics interchange
formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or
launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . -
Use the Services as part of any effort to compete with
us or otherwise use the Services and/or the Content for
any revenue-generating
endeavor or commercial enterprise. -
Sell or otherwise transfer your profile. -
Use the Services to advertise or offer to sell goods and services.
8. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. -
Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other
things, termination or suspension of your rights to use the
Services.
9. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services
by linking your account from the Services to any of your
social networking accounts , you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions,
and grant and authorize
sublicenses of the
foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license
will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize
any Contributions to place them in more appropriate locations on
the Services; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the
App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the
terms and conditions of this mobile application
license
contained in these Legal Terms. You shall not: (1) except as permitted
by applicable law, decompile, reverse engineer, disassemble, attempt to
derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice
of copyright or trademark) posted by us or the licensors of the App; (5)
use the App for any revenue-generating
endeavor , commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software
that is, directly or indirectly, competitive with or in any way a
substitute for the App; (8) use the App to send automated queries to any
website or to send any unsolicited commercial email; or (9) use any
proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices
for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an
"App Distributor" ) to access the Services: (1) the
license
granted to you for our App is limited to a non-transferable
license
to use the application on a device that
utilizes
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
license
contained in these Legal Terms or as otherwise required under applicable
law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect
to the App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor, and
the App Distributor, in accordance with its terms and policies, may
refund the purchase price, if any, paid for the App, and to the maximum
extent permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the
US government as a "terrorist
supporting" country and
(ii) you are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g. , if you have a VoIP
application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application
license
contained in these Legal Terms, and that each App Distributor will have
the right (and will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application
license
contained in these Legal Terms against you as a third-party beneficiary
thereof.
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a
"Third-Party Account" ) by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access
your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that
you are entitled to disclose your
Third-Party Account login information to us and/or
grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that
govern your use of the applicable
Third-Party Account, and without obligating us to
pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the
Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we
may access, make available, and store (if applicable) any
content that you have provided to and stored in your
Third-Party Account (the
"Social Network Content" ) so that it is available on and through the Services via your
account, including without limitation any friend lists and (2)
we may submit to and receive from your
Third-Party Account additional information to the
extent you are notified when you link your account with the
Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the
privacy settings that you have set in such
Third-Party Accounts, personally identifiable
information that you post to your
Third-Party Accounts may be available on and
through your account on the Services. Please note that if a
Third-Party Account or associated service becomes
unavailable or our access to such
Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no
longer be available on and through the Services. You will have
the ability to disable the connection between your account on
the Services and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with
a Third-Party Account and your contacts list stored
on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the
connection between the Services and your
Third-Party Account by contacting us using the
contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on
our servers that was obtained through such
Third-Party Account, except the username and
profile picture that become associated with your account.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site or App ) links to other websites ( "Third-Party Websites" )
as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ( "Third-Party Content" ).
Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the
Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites
or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any
Third-Party Websites or any
Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you
should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from
any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with
Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:Â https://www.supercity.ai/privacy . By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the
Services are hosted in the
United States .
If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the
United States , then through your continued use of
the Services, you are transferring your data to
the
United States , and you expressly consent to have
your data transferred to and processed in
the
United States .
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under
the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably
practical.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon
any copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided below
(a "Notification" ). A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised
that pursuant to federal law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Services infringes
your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the following information: (1) A physical or
electronic signature of a person
authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed; (2) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on the Services are
covered by the Notification, a representative list of such works on the
Services; (3) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; (4) information
reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number, and, if available, an email
address at which the complaining party may be contacted; (5) a statement
that the complaining party has a good faith belief that use of the
material in the manner complained of is not
authorized
by the copyright owner, its agent, or the law; and (6) a statement that
the information in the notification is accurate, and under penalty of
perjury, that the complaining party is
authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the
Services as a result of a mistake or misidentification, you may submit a
written counter notification to our Designated Copyright Agent using the
contact information provided below (a
"Counter Notification" ). To be an effective Counter Notification under the DMCA, your Counter
Notification must include substantially the following: (1)
identification of the material that has been removed or disabled and the
location at which the material appeared before it was removed or
disabled; (2) a statement that you consent to the jurisdiction of the
Federal District Court in which your address is located, or if your
address is outside the United States, for any judicial district in which
we are located; (3) a statement that you will accept service of process
from the party that filed the Notification or the party's agent; (4)
your name, address, and telephone number; (5) a statement under penalty
of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled; and (6)
your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or disabled
material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to
restrain you from engaging in infringing activity related to the
material in question. Please note that if you materially misrepresent
that the disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and
attorney's fees. Filing a false Counter Notification constitutes
perjury.
Attn: Copyright Agent
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT ANDÂ ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Services. We will not be liable
to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services
at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of
the State of
Texas
applicable to agreements made and to be entirely performed within the State of
Texas , without regard to its conflict of law
principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the
"Disputes" ) brought by
either you or us (individually, a
"Party" and collectively, the
"Parties" ), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the  state and federal courts  located in
Travis County , Texas , and the Parties hereby consent to, and waive all
defenses
of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such
state and federal courts . Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
20. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
OR $25.00 USD . Â CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
(1) your Contributions;Â (2) use of the Services; (3) breach of
these Legal Terms; (4) any breach of your representations
and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful
act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive
defense
and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such
data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
26. SMS TEXT MESSAGING
Opting Out
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your carrier
and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at
policies@supercity.ai or call at
(+1) 512-481-2224 .
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to
be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You
hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal
Terms.
29. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at:
11. SOCIAL MEDIA