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YourLocal.com Terms of Use
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Yourlocal.com (the “Site”) is a place for people to find, review and chat about
happenings in their neighborhood and beyond. Listings for places and events come
from established publications in cities throughout the country and from socially
active individuals. By contributing to or signing up for an account on Yourlocal.com,
you agree to the following Terms of Use. If you do not abide by these terms, Yourlocal.com
reserves the right to suspend or terminate your account.
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Eligibility:
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The Children's Online Privacy Protection Act prohibits users under thirteen years
of age to access or use the Site. Users under eighteen years of age must have the
consent of a parent or guardian to access or use the Site. By accessing or signing
up for an account on Yourlocal.com, you warrant that you are of age eligibility
based on the foregoing requirements. If you are not age eligible, you are prohibited
from accessing or using the site. The Site is administered in the United States
and intended for users located within the United States. Users outside of the United
States shall be responsible for compliance with any local laws applicable to their
use of the Site.
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Registration:
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If you are eligible, you may access certain portions of the Site without providing
any information. However, to obtain complete access to the Site and its services,
content and functions, you shall be required to register with Yourlocal.com and
to select a password and user identification. By registering for full usage of the
Site, and thereby becoming a member of the Site (a “Member”), you agree to provide
accurate, current and complete data about yourself as prompted by the Site’s registration,
to maintain the security of your password and identification, to maintain update
the registration data for accuracy and to take full responsibility for all use of
your account and any actions that take place using your account. If you provide
any information that is false, inaccurate or incomplete, Yourlocal.com may suspend
or terminate your account and disallow any further use of the Site. You agree to
(i) immediately notify us of any unauthorized use of your password or account or
any other breach of security, and (ii) ensure that you exit from your account at
the end of each session. These Terms of Use pertain to all individuals who access
and/or use the Site, whether or not such individuals are Members.
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Site Restrictions:
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Yourlocal.com reserves the right to modify or discontinue its Site (or any part
thereof) with or without notice. Unless expressly stated otherwise, any new features,
services, enhancements or modifications to the Site implemented after your initial
access to the Site shall be subject to these Terms of Use. Yourlocal.com further
reserves the right to modify these Terms of Use with or without notice. You agree
to review the Terms of Use periodically so that you are aware of any modifications.
You agree that Yourlocal.com shall not be liable to you or to any third party for
any modification, suspension or discontinuance of its Site or these Terms of Use.
Yourlocal.com also reserves the right to place storage limits on messages, profile
comments, listings and other user-generated content.You agree that Yourlocal.com
shall not be liable to you or to any third party for any deletion or delay in user
correspondence or user-generated content. Yourlocal.com does not assume any obligation
to maintain or store your content or data.
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Proprietary Rights and Trademarks:
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All content and trademarks on Yourlocal.com, including designs, text, graphics,
pictures, information, applications, software and other files are the intellectual
property of the owner of this Site, Yourlocal.com, LLC. Content may not be used
in any manner that is likely to cause confusion and may not be modified, copied,
distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted,
or sold in any form or by any means, in whole or in part, without Yourlocal.com’s
prior written permission, excepting content you, as a user, legally post on the
Site.
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User Conduct:
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You understand that all information, data, text, software, photographs, graphics,
messages or other content, whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such content originated. You, the
user (and not YourLocal.com), claim full responsibility for any and all content
that you upload, post, email or otherwise transmit or use via the Site.
By accessing the Site, you agree not to:
1. Engage in spidering, “screen scraping,” “database scraping,”
or harvesting or collection of email addresses or other contact information of other
users accessing the Site by electronic or other means, either for the purposes of
sending any unsolicited communication or otherwise.
2. Transmit any content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, or hateful racially, ethnically, sexually or otherwise objectionable.
3. Harm or harass minors, or any other individual, in any way.
This includes, but is not limited to, soliciting personal information from any user
under eighteen years of age.
4. Solicit passwords or personally identifying information for
commercial or unlawful purposes.
5. Impersonate any person or entity, including, but not limited
to, a Yourlocal.com employee or other representative, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
6. Forge information, text or graphics in order to disguise the
origin of any content transmitted through the Site.
7. Transmit any content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships.
8. Download any file posted by another user that you know, or reasonably
should know, cannot legally be distributed in such manner.
9. Transmit any content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party.
10. Advertise or offer to sell or buy any goods or Site for any
business purpose, unless such area specifically allows such messages.
11. Transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other
form of solicitation, except in those areas that are designated for such purpose.
12. Attempt to gain unauthorized access to other computer systems,
violate the security of any computer network, or crack passwords or security encryption
codes through the Site or by any other means.
13. Transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment.
14. Modify, adapt, translate or reverse engineer any portion of
the Site.
15. Interfere with the Site or servers or networks connected to
the Site, or disobey any requirements, procedures, policies or regulations of networks
connected to the Site.
16. Transmit content or engage in any other act that would constitute,
encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local, state,
national or international law.
17. Transmit content that, in the sole judgment of Yourlocal.com,
is objectionable or which restricts or inhibits any other person from using or enjoying
the Site, or which may expose Yourlocal.com or its users to any harm or liability
of any type.
18. Violate any laws or the terms and conditions of these Terms
of Use.
19. Use the Site in violation of any law, regulation or other legal
requirement.
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Resale of Site:
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Unless otherwise specified, you agree not to display, distribute, license, perform,
publish, reproduce, duplicate, copy, create derivative works from, modify, sell,
resell, exploit, transfer or transmit for any commercial purposes, any portion of
the Site, use of the Site, or access to the Site.
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Material Posted on the Site, Right to Monitor and Editorial Control
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Yourlocal.com does not control all of the content posted on the Site and, as such,
does not guarantee the accuracy, integrity or quality of content provided by users
or regional publications. You understand that by using the Site, you may be exposed
to content that is offensive, indecent or objectionable. Under no circumstances
will Yourlocal.com be liable in any way for any content, including, but not limited
to, for any errors or omissions in any content, or for any loss or damage of any
kind incurred as a result of the use of any content posted, e-mailed or otherwise
transmitted via the Site. Yourlocal.com does not pre-screen content, but reserves
the right in its sole discretion to refuse or move any content on the Site. You
agree that you must evaluate, and bear all risks associated with, the use of any
content, including any reliance on the accuracy, completeness, or usefulness of
such content. In this regard, you acknowledge that you may not rely on any content
created by or submitted to Yourlocal.com without limitation.
You agree and warrant that you shall not (i) submit any content to the Site containing
any copyrighted material, trademarks, or other proprietary information without first
obtaining the consent of the owner of such proprietary rights, (ii) submit any content
to the Site that falsely expresses or implies that such content is sponsored or
endorsed by the Site, or (iii) submit any content that is unlawful, obscene, defamatory,
libelous, is threatening or promotes violence against any group or individual, or
promotes illegal activity.
Yourlocal.com does not claim ownership of the content or materials users provide
to the Site unless otherwise specified. By submitting content, you are granting
Yourlocal.com and all affiliated companies a nonexclusive, worldwide, royalty free,
perpetual, royalty-free, fully paid-up, non-revocable license to (i) use, copy,
distribute, sublicense, transfer, display, modify, promote, and create derivative
works of such content, in any media now known or hereafter developed, in connection
with the promotion or operation of the Site and/or for other lawful purposes; and
(ii) use your name, likeness or photograph in any and all media now known or hereafter
developed without compensation of any kind and without restriction as to changes
or alterations, for advertising, promotion, exhibition, or other lawful purposes.
You hereby waive any right to inspect or approve any such content or materials produced
or any finished products incorporating such content or materials. You hereby release
and hold harmless Yourlocal.com from any damages or liability relating to or arising
from any use of or modification or alteration to any such content or materials,
including but not limited to claims for invasion of privacy, rights of publicity
or libel.
Yourlocal.com reserves the right, but does not have an obligation, to monitor or
review all content posted to the Site. You acknowledge and agree that Yourlocal.com
may preserve content and may also edit or disclose content if required to do so
by law, regulation or government request, or in the good faith belief that such
preservation or disclosure is reasonably necessary to comply with legal process;
enforce the Terms of Use; respond to claims that any content violates the rights
of third-parties; or protect the rights, property, or personal safety of Yourlocal.com,
its users and the public. You understand that the technical processing and transmission
of the Site’s information, including your content, may involve transmissions over
various networks and changes to conform and adapt to technical requirements of connecting
networks or devices.
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Copyright Infringement:
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We respect the intellectual property rights of others, and require that the users
of the Site do the same. If you believe that any material on the Site infringes
upon any copyright which you own or control, you may send a written notification
of such infringement to Yourlocal.com’s Copyright Agent with the following information:
1 An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual property interest.
2 A description of the copyrighted work or other intellectual property
that you claim has been infringed.
3 A description of where the material that you claim is infringing
is located on Site, with enough detail that we may find it on the Site.
4 Your address, telephone number, and email address.
5 A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or intellectual property owner,
its agent, or the law.
6 A statement by you, made under penalty of perjury, that the above
information in is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner’s behalf.
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When our Copyright Agent receives proper notification of copyright infringement,
we shall promptly (i) remove or disable access to any material we believe in good
faith to be infringing, and (ii) suspend or terminate the accounts of alleged infringers.
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Copyright Agent: [INSERT NAME AND CONTACT INFORMATION]
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Third Party Websites and Content:
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The Site may provide, or third parties may provide, links to other sites and resources
on the Internet. You acknowledge and agree Yourlocal.com has no control over such
sites and resources, and does not endorse and is not responsible or liable for any
content, advertising, events, products, services or other materials on or available
from such sites or resources, even if they are owned or operated by affiliates of
Yourlocal.com. You further acknowledge and agree that Yourlocal.com 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,
events, goods or services available on or through any such hyperlinked site or resource.
If you decide to leave the Site and access any third party sites, or to use or install
any third party applications, software or content, you do so at your own risk and
you should be aware that Yourlocal.com’s terms and policies no longer govern. You
should review the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Site or relating to any applications
you use or install from the site, and you should direct any concerns to that site’s
administrator.
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Advertisers:
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Your correspondence or business dealings with, or participation in promotions of,
advertisers or promoters found on or through the Site are solely between you and
such advertiser or promoter. You agree that Yourlocal.com, its affiliates, and any
of its or their directors, officers, employees, agents or content or service providers
shall not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such advertisers
or promoters on the Site.
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Events and Interactions:
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The Site and content available through the Site may contain features and functionalities
that may link you or provide you with information about, or access to, third party
content or events which are completely independent of Yourlocal.com. Your interactions
with organizations and/or individuals found on or through the Site, including attendance
at any event, payment and delivery of goods or services (including any event tickets),
and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals. You
agree that Yourlocal.com, its affiliates, and any of its or their directors, officers,
employees, agents or content or service providers, shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or
your attendance at any such event.
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Release:
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By accessing Yourlocal.com or attending any event listed on, or promoted through,
the Site, you agree to release, discharge and hold harmless Yourlocal.com, its affiliates,
and any of its or their directors, officers, employees, agents or content or service
providers, from any and all losses, damages, rights, claims, actions of any kind
and injury (including death) arising out of or relating to the Site or any act or
omission by any person, including without limitation, any dispute between you and
any other person, any content posted on Yourlocal.com, your purchase or use of any
ticket acquired through the Site, and your attendance at any event listed on, or
promoted through, the Site. This release includes, without limitation, any claim
resulting from delay or the criminal acts of others.
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Indemnity:
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You shall indemnify, defend and hold harmless Yourlocal.com, its affiliates, and
any of its or their directors, officers, employees, agents or content or service
providers, from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of or relating to the Site, including without
limitation, any event listed on, or promoted through, the Site, any content submitted,
posted to or transmitted through the Site, your use of the Site, your connection
to the Site, your violation of the Terms of Use, your breach of any of the warranties
set forth herein, your violation of any rights of another, including, without limitation,
any copyright rights or other intellectual property rights, and/or your violation
of any law, regulation or other legal requirement.
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Disclaimer of Warranties:
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Your use of the Site is at your sole risk. The Site, including, without limitation,
all services, content and functions, is provided on an “as is” and “as available”
basis. To the fullest extent permissible by applicable law, Yourlocal.com expressly
disclaims all warranties of any kind, whether express or implied, including, but
not limited to the implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement.
Yourlocal.com makes no warranty, representation or covenant that the Site will meet
your requirements, the Site will be uninterrupted, timely, secure or error-free,
the results that may be obtained from the use of this Site will be accurate or reliable,
the quality of any products, information or other material purchased or obtained
by you through the Site will meet your expectations, and any errors in the software
will be corrected.
Any material downloaded or otherwise obtained through the use of the Site is done
at your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download of
any such material. No information, whether oral or written, obtained by you from
Yourlocal.com or through or from the site shall create any warranty not expressly
stated in the Terms of Use.
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Limitation of Liability:
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You expressly understand and agree that in no event shall Yourlocal.com, its affiliates,
and any of its or their directors, officers, employees, agents or content or service
providers, be liable to you or to any third party for any direct, indirect, incidental,
special, consequential, exemplary or punitive damages, or damages for loss of profits,
including but not limited to, damages for loss of goodwill, use, data or other intangible
losses (even if Yourlocal.com has been advised of the possibility of such damages),
resulting, directly or indirectly, from the use or inability to use this Site; the
cost of procurement of substitute goods; any goods, data, information or services
purchased or obtained through the Site; messages received or transactions entered
into, through or from the Site; unauthorized access to or alteration of your transmissions
or data; statements or conduct of any third party on the Site; loss or deletion
of your data or content from the site; or any other matter relating to the Site.
Some jurisdictions do not the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations set forth above may not apply to you.
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Suspension and Termination:
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You agree that Yourlocal.com, in its sole discretion, may suspend or terminate your
account (or any part thereof) or use of the Site and remove and discard any content
within the Site, for any reason, including, without limitation, for lack of use
or if Yourlocal.com believes that you have violated or acted inconsistently with
the Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds
for termination of your use of the Site and may be referred to appropriate law enforcement
authorities. Yourlocal.com may also in its sole discretion and at any time discontinue
providing the Site, or any part thereof, with or without notice. You agree that
any termination of your access to the Site under any provision of these Terms of
Use may be effected without prior notice, and acknowledge and agree that Yourlocal.com
may immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the Site. Further,
you agree that Yourlocal.com shall not be liable to you or any third-party for any
termination of your access to the Site.
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Privacy:
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At Yourlocal.com, we respect the privacy of our users. For details, please see our
Privacy Policy page. By accessing and using the Site, you consent to our collection
and use of your personal data as outlined in our Privacy Policy.
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User Disputes:
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You are solely responsible for your interactions with other Yourlocal.com users.
We reserve the right, but have no obligation, to monitor disputes between you and
other users.
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General
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The Terms of Use, together with the Yourlocal.com Privacy Policy, constitute the
entire agreement between you and Yourlocal.com and govern your use of the Site,
superseding any prior agreements between you and Yourlocal.com with respect to the
Site. You also may be subject to additional terms and conditions that may apply
when you use an affiliate site, third-party content or third-party software. The
Terms of Use shall be governed by the laws of the State of New York without regard
to its conflict of law provisions. You and Yourlocal.com agree to submit to the
personal and exclusive jurisdiction of the state or federal courts located within
the State of New York, County of New York. The failure of Yourlocal.com to exercise
or enforce any right or provision of the Terms of Use shall not constitute a waiver
of such right or provision. If any provision of the Terms of Use is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Use remain in full force
and effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site or the Terms
of Use must be filed within one year after such claim or cause of action arose or
be forever barred. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. The section titles in the Terms of Use are for convenience only and have no
legal or contractual effect. Notices to you may be made via either e-mail or regular
mail. The Site may also provide notices of changes to the Terms of Use or other
matters by displaying notices or links to notices generally on the Site.
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Questions:
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Please visit our Contact Us page for more information.
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