TERMS AND CONDITIONS
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION
TERMS OF SERVICE
Last Revised: February 7, 2018
The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“User”, “you” or “your”) and 6AM City, LLC and its affiliates, successors and assigns (“6AM City”, “us”, “our” or ‘we”) regarding your use of 6AM City Site and/or Services (all as defined below). 6AM City is the owner and operator of the www.6amcity.com website, and any associated subdomains (collectively, the “Site”), 6AM City newsletters, social media platforms, email notifications or any related applications provided by us (collectively, the “Services”), and all content and features contained in the foregoing.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Modifications to the Terms of Service
6AM City, in its sole and absolute discretion, may make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) 6AM City may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, 6AM City may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.
You agree that the 6AM City will not be liable to you or any third party for any modification, or discontinuation of the Site or any part thereof.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are at least eighteen (18) years of age and legally competent.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Subject to these Terms of Service, 6AM City grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the Services, whether in whole or in part, or any content displayed on the Site or the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or the Services; (c) you shall not access the Site or the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or the Services shall be subject to these Terms of Service. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) or the Services must be retained on all copies thereof.
Acceptable Use Policy
The 6AM City community, like any community, functions best when its Users follow a few simple rules. By accessing and/or using the Site or any Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that: Your use of the Site and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site or the Services in a manner (as determined by 6AM City in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable;. you will not use this Site or the Services for hate speech, hate crimes or violence; You will not use this Site or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses, malware, or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services; you will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by 6AM City; you will not access 6AM City Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as 6AM City may designate; you will not use this Site or the Services, including any of 6AM City’s related technologies, for any commercial use without 6AM City’s express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
No Support or Maintenance
You acknowledge and agree that 6AM City will have no obligation to provide you with any support or maintenance in connection with the Site.
The content on this Site and the Services including without limitation the text (such as the articles found on our blog or in our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“6AM City content”), are owned by or licensed to 6AM City in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. 6AM City content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of 6AM City. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. 6AM City reserves all rights not expressly granted in and to 6AM City content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.
If you violate any part of this Agreement, your permission to access and/or use 6AM City content and the Site or the Services automatically terminates and you must immediately destroy any copies you have made of 6AM City content.
The trademarks, service marks, and logos of 6AM City (“6AM City Trademarks”) used and displayed on the Site and the Services are registered and unregistered trademarks or service marks of 6AM City. Other 6AM City product and service names located on the Site or the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with 6AM City Trademarks, the “Trademarks”). Nothing on the Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of 6AM City Trademarks inures to our benefit.
The Site and the Services have been specially designed to present 6AM City content in a unique format and appearance. We are concerned about the integrity of 6AM City content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Elements of the Site and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of 6AM City content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Our Use of User Content
Some of the features of this Site or the Services may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback (e.g., through a “like” or “comment” function) relating to 6AM City news articles or current events (“On-Site User Content”). We may also make available interactive services through third-party websites and third party social media platforms (“Third Party Platforms”) (e.g., 6AM City-designated hashtags, including but not limited to #GVLtoday, #GVLtonight, #GVLyesterday, #GVLguides, #GVLmornings, #GVLeats, and comment or posting sections on 6AM City-related pages hosted on third party social media platforms) pursuant to which Users can post associated content (“Off-Site User Content,” together with On-Site User Content, “User Content”). By posting or publishing User Content to this Site or to the Services or to Third Party Platforms, you represent and warrant to 6AM City that: (i) you have all necessary rights to publish or distribute User Content, either because you are the sole author and owner of the User Content and have the right to publish or distribute the same, or because you have the appropriate publication and distribution rights, licenses, consents, and/or permissions to use from the copyright or other owner of the User Content; and (ii) such actions by you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.
6AM City has no obligation, either express or implied, to treat your User Content as confidential or to develop or use your User Content, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that 6AM City may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
If you post, publish, email share via any multimedia platform your User Content to this Site, Services, or to Third Party Platforms, you authorize 6AM City to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, the Services, the Third Party Platforms and this Agreement. Accordingly, you hereby grant 6AM City a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), irrevocable, and transferable license to use, publish, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, the Third Party Platforms and 6AM City’s business, including without limitation for promoting and redistributing all or part of this Site or Services in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
Monitoring and Enforcement of User Content
6AM City reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. 6AM City may remove any item of User Content (in the case of Off-Site User Content, remove any repost or publication of such Off-Site User Content from a Third Party Platform, the Site or the Services) and/or terminate a User’s access to this Site or the Services for posting or publishing any material in violation of this Agreement, for otherwise violating this Agreement (as determined by 6AM City in its sole and absolute discretion), or for any reason or no reason in 6AM City’s sole discretion, at any time and without prior notice. If 6AM City terminates your access to this Site or the Services 6AM City may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
If you provide 6AM City with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to 6AM City all rights in such Feedback and agree that 6AM City shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. 6AM City will treat any Feedback you provide to 6AM City as non-confidential and non-proprietary. You agree that you will not submit to 6AM City any information or ideas that you consider to be confidential or proprietary. 6AM City has the full authority to publish your feedback or any information provided to 6AM City on any of it’s platforms.
Term and Termination
Subject to this Section, these Terms of Service will remain in full force and effect while you use the Site or Services. We may suspend or terminate your rights to use the Site or Services at any time for any reason or for no reason in our sole discretion, including but not limited to any use of the Site or Services in violation of these Terms of Service. Upon termination of your rights under these Terms of Service, your right to access and use the Site and Services will terminate immediately. 6AM City will not have any liability whatsoever to you for any termination of your rights under these Terms of Services, including for termination of any associated Account or deletion of your User Content.
6AM City respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of access to users of our online Site and Services who infringe intellectual property rights of others, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our site or services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Links to Third-Party Websites & Ads
This Site and the Services may contain links to third-party websites that are not owned or controlled by 6AM City. These links are provided solely as a convenience to you and do not constitute an endorsement by 6AM City of the content on such websites nor of the business practices of those operating those websites, nor is 6AM City affiliated with or endorsed by those websites or the persons or companies who operate them. 6AM City has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, 6AM City does not censor or edit the content of any third-party websites. By using this Site or the Services, you expressly release 6AM City from any and all liability arising from your use of any third-party website. Accordingly, 6AM City encourages you to be aware when you leave this Site or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
You hereby release and forever discharge 6AM City (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or Services (including any interactions with, or act or omission of, other Site users or any Third-Party Websites & Ads).
To the maximum extent permitted by law, you agree to indemnify and hold harmless 6AM City its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms of Service, the Site, or the Services. 6AM City reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Disclaimer of Warranties and Limitation of Liability
Your access to and use of the Site and the Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site, the Services, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services.
THE SITE, THE SERVICES, AND ALL 6AM CITY, LLC CONTENT ARE AVAILABLE “AS IS.” 6AM CITY, LLC DOES NOT WARRANT THAT THE SITE, THE SERVICES OR ANY 6AM CITY, LLC CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, THE SERVICES, OR ANY 6AM CITY, LLC CONTENT. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, THE SERVICES, ANY 6AM CITY, LLC CONTENT OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE SERVICES, OR ANY 6AM CITY, LLC CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE, THE SERVICES, OR ANY 6AM CITY, LLC CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE, THE SERVICES, OR ANY 6AM CITY, LLC CONTENT; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED ON OR THROUGH THE SITE, THE SERVICES, OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE AND THE SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, THE SERVICES, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” MALWARE, OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE, THE SERICES, OR THE FOREGOING, YOU DO SO SOLELY AT YOUR OWN RISK.
6AM City, LLC, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to THE SITE, THE SERVICES, OR ANY 6AM CITY, LLC CONTENT, or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in THE SITE, THE SERVICES, OR ANY 6AM CITY, LLC CONTENT. Any claim against us shall be limited to the amount you paid, if any, for use of THE SITE, THE SERVICES, OR ANY 6AM CITY, LLC CONTENT.
Limitation of Liability in Certain States
CERTAIN STATE LAWS IN THE UNITED STATES 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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
All disputes arising out of or related in any way whatsoever to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in Greenville County, in the State of South Carolina. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in South Carolina, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the AAA in South Carolina. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in South Carolina with knowledge of Internet commerce in South Carolina shall be selected by the AAA to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section. With respect to the foregoing, you hereby waive all defenses of lack of personal jurisdiction and forum non convenes and waive the right to trial by jury in any such dispute.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) 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 or group of persons. You agree that any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by 6AM City in its sole discretion.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of this Agreement. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If an arbitrator, arbitration panel, or court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. No waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of 6AM City. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
The communications between you and 6AM City use electronic means, whether you use the Site, Services or send us emails, or whether 6AM City posts notices on the Site, Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from 6AM City in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that 6AM City provides to you electronically satisfy any legal requirement that such communications would satisfy if it
were in a hardcopy writing.
6AM City reserves the right to edit, classify, reject or cancel any portion or all advertising as determined in the publishers sole discretion. Any advertising language that does not comply with Federal, State or local laws including, without limitation, those regarding the prohibition of discrimination in employment, housing and public accommodation will be rejected.
Ecommerce Refund Policy
Due to the nature of placing a classified ad online with 6AM City, we do not offer refunds on listing fees. Once an ad is posted, the advertisement will immediately gain exposure to our visitors, however, no guarantees are made as to the success of the advertisement. We adhere to the following policy with respect to requests for refunds of listing fees:
- We will not provide a refund, for any reason, once the advertisement has been published. Advertisements cancelled prior to publishing will be refunded in full.
- Due to the type of advertising sold online, no prorated refunds will be made for any ad cancelled following the first day of publication.
- Advertising should be checked for errors by the advertiser on the first day of publication.
- No typographical mistakes by the advertiser will be considered for adjustment and no credit is made for errors that do not materially affect the value of the advertisement.
- No refunds are offered to advertisers who wish to cancel enhancements to an ad posting after the advertisement has been published the first time in any digital format.
- Credit for 6AM City’s intentional or unintentional decision to not publish advertisement will be allowed. 6AM City may elect to not publish content at its sole discretion.
- Approved refunds for credit card transactions will be made as credits to the credit card account used in the initial transaction.
Entire Terms of Service; Assignment
These Terms of Service constitute the entire agreement between you and us regarding the use of the Site and Services. 6AM City’s failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without 6AM City prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. 6AM City may freely assign these Terms of Service. The terms and conditions set forth in these Terms of Service shall be binding upon assignees.
Copyright ©2018 6AM City, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If you have any questions about this Agreement, please contact us via email at [email protected] or regular mail at the following address:
6AM City, LLC
PO Box 2505
Greenville, SC 29602
Copyright © 2018 6AM City, LLC, Inc. All Rights Reserved.
Last Revised: February 7, 2018
BY ACCESSING THE SITE, UTILIZING ANY SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS POLICY, INCLUDING OUR TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
Types of Information Collected
6AM City may ask you for some or all of the following types of information which may be identifiable to you when you register for our Services, access various content or features, or directly contact the Site: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to 6AM City.
We also collect and store the Personal Information you voluntarily submit to us through registering with us or uploading or posting User Content through the Site or Services. If you are signed into your social media (e.g., Instagram, Twitter, Facebook, Snapchat, or similar) account and you “like” or “comment” on 6AM City content or other User Content, your social media username will be displayed and so available to the public. You agree that your username, likes, feedback, and any associated comments may become public information; we therefore urge you to exercise caution when deciding to disclose any Personal Information on the Site or through the Services.
In addition, if you choose to purchase or subscribe to a feature or Services of 6AM City that requires a Fee, you will be required to provide us with your billing information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Billing Information”).
Information Collected Automatically. We automatically receive and collect information such as your IP address, the URLs of websites you arrive at 6AM City Sites from or leave 6AM City Sites to go to, your type of browser and language, access times, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your ISP. We may use such information to better understand how 6AM City visitors use the Site to analyze trends, administer the website, prevent fraud, and gather broad demographic information.
Our Use of Your Information
Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to: provide the Services and customer support you request; troubleshoot problems and prevent potentially prohibited or illegal activities; customize, measure and improve our Site and Services, content and advertising; tell you about and administer our Site and Services, targeted marketing, service updates, contests, sweepstakes, rewards, and promotional offers based on your communication preferences; monitor and enforce our Terms of Service; communicate with Users (as defined in our Terms of Service) about products and/or services you may be interested in; and verify your eligibility to use the Site.
Our Disclosure of Your Information
6AM City is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may disclose Personal Information, Billing Information and Non-Personal Information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also use and/or share your Personal Information, Billing Information and Non-Personal Information with, and you authorize us to use and/or share this information with:
- Service providers under contract who help with our business operations. We employ these companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you.
- Our affiliates and promotional partners, so they can offer you special products, services, discounts, tickets, and other items or services. Likewise, we may receive information from such affiliates and promotional partners to offer our Users special items or services.
- We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
- We may sell or rent your information (other than Billing Information) to third parties for marketing purposes without your explicit consent.
- In an ongoing effort to better understand our Users, we may analyze certain Non-Personal Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Site and Services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners and other third parties. We may also disclose aggregated user statistics in order to describe the Services and these products and services to current and prospective business partners and to other third parties for other lawful purposes.
- We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
- As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by following the directions provided with the communication or advertisement.
No Spam or Spyware
We do not tolerate spam. Spamming is explicitly prohibited by our Terms of Service. If you would like to report an incident of spamming or other unauthorized communications from other Users, please contact us via Contact Us page on the Site. We maintain the right to investigate such incidents and take such action as we deem appropriate in our sole discretion.
We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nevertheless, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. 6AM City cannot ensure or warrant the security of any information you transmit to 6AM City or guarantee that your end user data stored on the Site or the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
The Site is hosted on servers in the United States. Accordingly, if you are located outside of the United States, any information you provide to us will be transferred to the United States. By providing us with any information, you consent to its transfer and storage in the United States.
We may use your email to deliver 6AM City’s daily newsletter, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email messages we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, or fill out our “Feedback” form, we will collect your email address and the full content of your email, including attached files, and other information you provide.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly via the Site. You acknowledge that it may take up to 10 days for us to process an opt-out request. Please note, however, that you cannot opt out of receiving transactional e-mails related to your account with us.
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to other Users on our Site or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your Personal Information to others.
Changes to This Policy
If you have any questions about this Policy, please contact us via email at [email protected] or regular mail at the following address:
6AM City, LLC
PO Box 2505
Greenville, SC 29602
Copyright © 2018 6AM City, LLC, Inc. All Rights Reserved.
Terms and Conditions for Content Supplied via Social Media Platforms
Last Revised: February 7, 2018
These terms and conditions constitute a valid and binding agreement between 6AM City, LLC (hereinafter referred to as “6AM City”) and yourself (hereinafter referred to as “Supplier”) with respect to the information, text, artwork, photography, digital content, and/or any comments in regards to the materials requested (the “Materials”). 6AM City is the owner and operator of several media products and social media platforms including but not limited to 6AM City, GVLtoday, COLAtoday, CHStoday, AVLtoday and all associated products, publications, and events owned and or operated by 6AM City. Social media platforms utilized by 6AM City include but are not limited to Facebook, Twitter, Instagram, LinkedIn, Snapchat, and YouTube.
Supplier gives and grants 6AM City an unlimited, perpetual and irrevocable License to use the Materials in all forms of media (i.e. advertising, brochures, proposals, e-marketing, direct mail, web, displays, artwork, in editorial, video, on social channels, etc.) now known or hereinafter developed for the purpose of advertising, marketing and promoting 6AM City throughout the United States, its territories and possessions and with respect to the Internet, throughout the world.
Unless otherwise provided in this agreement, Supplier hereby represents and warrants that: (a) the Materials are the original creation of Supplier, (b) Supplier owns all right, title and interest in the Materials, (c) no third party has any rights in, to, or arising out of, the Materials; and (d) the Materials do not infringe or otherwise violate the rights any third party.
Supplier agrees to indemnify and hold 6AM City and its directors, officers, employees, managers, owners, agents, licensors and assigns (the “indemnified parties”) harmless from and against any claim, loss, damage, suit, judgment, liabilities or expense, including court costs and reasonable attorneys’ fees, or any other losses of any kind arising out of or in connection with the use of the Materials, including but not limited to claims asserting violation of the rights of privacy or publicity, and infringement of copyright, trademark, and other proprietary rights, that the indemnified parties may suffer as a result of a breach or alleged breach of the foregoing warranties or as a result of claims or actions of any kind or nature resulting from the use in any manner of the Materials.
Supplier’s Approved Rights
Supplier agrees that no mock-up, draft, or other material need be submitted to him/her for any further approval, and that 6AM City will have no liability to Supplier for any distortion or illusionary effect resulting from use of the Materials. 6AM City shall have the unlimited right to exploit the Materials as it sees fit, including the right to alter or rearrange the Materials. Supplier also understands and agrees that 6AM City is a media outlet and is permitted to share the images as deemed appropriate for editorial purposes. Additionally, 6AM City is permitted to share the images as desired to support meetings, conferences, and events for promotional purposes.
Supplier acknowledges and agrees that by his/her reply to the link with a hashtag: #yeahGVLtoday, or any other link or hashtag which may be used or instructed by 6AM City or its subsidiaries in its sole discretion, (i) it shall be deemed that he/she is automatically bound by these Terms and Agreements with full enforcement, and in such a way, 6AM City can use the Supplier’s Materials for any of their purposes according to these Terms and Conditions; (ii) Supplier certifies that he/she is at least 18 years of age, has fully read and understands these Terms and Conditions, and has had any questions regarding their effect or meaning answered to his/her satisfaction.
Entire Agreement and Amendments
The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. No waiver, modification or addition to this agreement shall be valid unless in writing and signed by the parties thereto.
Use of Materials
6AM City shall not be required to utilize Supplier’s services or the Materials.
The provisions hereof shall be interpreted in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Supplier agrees and confirms that the consideration that the Supplier has received from 6AM City for the opportunity to have materials and/or comments used by 6AM City constitutes full, adequate and fair remuneration for all rights of every kind and nature in the rights granted to 6AM City.
If you have any questions about this Agreement, please contact us via email at [email protected] or regular mail at the following address:
6AM City, LLC
PO Box 2505
Greenville, SC 29602
Copyright © 2018 6AM City, LLC, Inc. All Rights Reserved.