Terms and Conditions of Use

Effective July 20, 2014

Thank you for using Superplaces.com website, a venue for the development of consumer and business relationships. Superplaces provides its service to you, subject to acceptance of all terms and conditions contained within and all other operating rules, policies, and procedures that may be published by Superplaces. The terms and conditions listed below are contracted to inform you of your legal rights and responsibilities, with respect to your access and use of the site, as well as any related applications whether existing now or in the future.

By accessing or using Superplaces, you agree to be bound by these Terms. These Terms constitute the agreement between you and Superplaces. We reserve the right to change the Terms at any time by posting a notice on our website, or notifying you by email or phone. Such modifications will go into effect upon posting. Please carefully read the entire Terms.

If you do not agree to all of the Terms and Conditions below, then do not access or use the service. By viewing or using all or any part of the service, you agree to be bound to all of its terms therein.

1. Description of Services

Superplaces.com provides an exclusive platform for consumers and businesses to connect and share information and reviews. Businesses can respond to consumer comments and complaints, while advertising their services through SuperPlaces. Consumers can conversely review and comment on the profiles of local businesses to provide added information for future consumers who will be making the same purchase or patronage decision.

2. Use of Properties

You agree to use SuperPlaces in compliance with these Terms and Conditions in law, only in a manner that does not violate our legal rights or those of a third party.

You agree that you will only use SuperPlaces for your own personal use. The platform is intended for users eighteen (18) years and older. By using the platform, you represent to us that you are at least eighteen (18) years of age. Use of the platform is void where prohibited.

Certain sections of SuperPlaces may be secured or otherwise protected from access, except for authorized users with valid login and password information. Persons without authorization trying to access these portions of the platform may be subject to prosecution.

3. Account Obligations

You must create an account to use some of the features offered by SuperPlaces. You may do so by contacting our customer service staff by calling 1-888-888-8888, available Monday through Friday 7:30AM to 3:30PM, who will help you identify the most effective advertising strategies for your business. Once you create an account, a user name may be assigned to you consisting of what we deem appropriate at such time. You understand that there may be other users who have a user name similar or identical to yours.

If you are a business owner, creating an account will allow you market your company on the SuperPlaces platform. For more information about what you may do with your account and how you can update your account, please visit our website at superplaces.com or call customer service at 1-888-888-8888.

You are completely responsible for maintaining the confidentiality and security of your account. You are entirely accountable for all changes and updates submitted through your account and all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend access to or close your account at any time for any or no reason.

You may not impersonate someone else. You may not create or use an account, provide an email address other than your own, or create multiple accounts or business listings except as otherwise authorized by us. You may not provide or use false information to obtain authorized access to a user’s account or a business’ listing on SuperPlaces. You acknowledge that any false claiming of a business may cause Superplaces or any third party to acquire consequential economic damages and losses for which you may be held accountable.

4. User Content and Conduct

You understand that all information including (but not limited to) data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SuperPlaces, are entirely responsible for all Content that you upload, post or otherwise transmit via the platform. Superplaces does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You are responsible for your content. You accept all risks associated with your content, including its quality, reliability, or any disclosure by you of information in your content that makes you personally identifiable.

In submitting your content to us, you present that:

1. You are the sole author of your content, and your content is not copied from or based on any other work or website.

2. Use of your content by us will not violate or infringe any right of you or any third party.

With regard to your content which are images, you agree that at least one of the following is met:

1. You have taken or created the submitted photograph or artwork.

2. You own the rights to the image.

3. You have permission from the rights holder to submit an image or artwork for use.

Lastly, you agree that any of Your Content submitted to us will not:

1. Be unlawful, harmful, threatening, abusive, harassing, indecent, profane, obscene, libelous, or hateful.

2. Contain material that violates the standards of Superplaces.

3. Violate any third-party’s right of privacy, right of publicity, copyright, trademark, patent, or any other intellectual property.

4. Accuse others of illegal activity.

5. Contain material that is illegal, or that violates any federal, state, or local law or regulation.

6. Contain language or images intended to impersonate another user.

7. Disguise the origin of your content.

8. Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value.

9. Be a result of a conflict of interest.

10. Be commercial in nature, including spam, surveys, contests, pyramid schemes and other advertising materials.

11. Imply that your content is sponsored or endorsed by us.

We may use, post, refuse to post, remove, or reinstate any content in our discretion. We may, but are not compelled to, hide or remove any of your content that we determine to be in violation of the Terms. It is not our obligation to return any of your content to you under any circumstances. Superplaces has no obligation to monitor user submitted content.

5. Our Content

We are the exclusive copyright owners of SuperPlaces and our content, including visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with your business. We exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights associated with Superplaces, which may be protected by copyright, patent, trademark and proprietary rights and laws. You may not use, copy, display, distribute, modify, reformat, promote, create derivative works, or in any way exploit or allow others to exploit any of the our content, unless authorized by us.

6. Copyright Infringement

If you believe that your copyright is being infringed upon by material found in SuperPlaces, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:

1. Identify in writing the copyrighted material that you claim has been infringed upon.

2. Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material.

3. Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”

4. Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”

5. Provide your contact information including your address, telephone number, and e-mail address.

6. Provide your physical or electronic signature.

7. Send the written communication to:

Superplaces

7. Links

The Service may provide links to other World Wide Web sites. Because SuperPlaces has no control over such sites and resources, you acknowledge and agree that SuperPlaces is not responsible for the availability of such, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SuperPlaces shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

8. Superplaces Proprietary Rights

You agree that all content and materials delivered via the platform or otherwise made available by SuperPlaces are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials. You may print or download a reasonable number of copies of the materials or content at SuperPlaces’s website for your internal business only if you retain all copyright contained therein.

9. Disclaimer of Warranty

YOU UNDERTSAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SUPERPLACES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUPERPLACES MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SUPERPLACES MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERCHANTCIRCLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SUPERPLACES BE LIABLE FOR ANY SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION FOR ANY (1) MATTER BEYOND ITS CONTROL, (2) LOSS OR INACCURACY OF DATA (3) DIRECT OR INDIRECT DAMAGES INCLUDING LOSS OF BUSINESS, REVENUES, OR PROFITS.

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