Local Corporation Terms of Service
Last Updated: November 2013
1. THIS IS AN AGREEMENT BETWEEN YOU AND LOCAL CORPORATION
These Terms of Service (“Terms” or “Agreement”) govern your access to and use of Local’s Internet-based services (“Services”), including, without limitation, Internet navigation assistance web pages or application results containing search results, localized events pages, and other content offered through www.local.com, as well as any web page or mobile application that links to or references these Terms (collectively, "Local Web Pages"). The Services may provide paid advertisements, listings, or other sponsored information in addition to unpaid search results. Sponsored advertisements, listings, and sponsored information may be given priority over unpaid listings.
LOCAL OFFERS THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 16-19); AND AN EXCLUSIVE REMEDY (See Section 18). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. CHANGES TO THESE TERMS
These Terms may change from time to time, and those changes will be available for your review on most Local Web Pages that you view, and on our web page located at http://local.com/terms.aspx. We will post any changes to the Terms on this website and, if the changes are significant, we will provide a more prominent notice. You should revisit these Terms on a regular basis. You understand and agree that your access to or use of the Services and/or Local Web Pages is governed by the Terms effective at the time of your access to or use of the Services and/or Local Web Pages. Your continued use of our Services or Local Web Pages after any changes have been made will signify your assent to the changed Terms.
3. ADDITIONAL TERMS
Additional terms may apply to the use of some Services, and are disclosed in the form of the posted guidelines or rules applicable to such Services (the "Service-Specific Rules"), which may be modified from time to time. All such Service-Specific Rules are hereby incorporated by reference into, and form part of, this Agreement. If any provisions of this Agreement conflict with any Service-Specific Rules, the terms of the applicable Service-Specific Rules shall control.
4. USING THE SERVICES
6. PROHIBITED ACTIVITIES
Without limiting the generality of Section 5, you will not use the Services, or any Local Web Page (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, (v) to falsify your identity or impersonate another person; or (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by Local in its sole and absolute discretion. You will not send automated queries of any sort to the Services without express permission in advance from Local. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Services to determine how a web site or web page "ranks" on the Services for various queries; (b) "meta-searching" the Services; (c) performing "offline" searches on the Services; and (d) using software robots, spiders, or other tools to "scrape" or automatically copy any portions of the Web Site or Services.
You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Local Web Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You may not use the Local Web Pages in any way that harms Local, its affiliates, resellers, distributors, advertisers, service providers and/or suppliers (each, a "Local Party" and collectively, the "Local Parties") or any customer of a Local Party, as determined in Local's sole discretion. Without limiting the generality of this Section, you will not use the Local Web Pages in any manner that could damage, disable, overburden, or impair any Local Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Services. Your use of the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by Local, its Partners, or other entities.
You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the Local Web Pages or Services, or any information available on, extracted or derived from the Local Web Pages or Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other instant messaging, Internet, or online service. Finally, you may not assist, encourage, enable, or authorize or assist any third party to do any of the things described in this section.
7. TERMINATION; VIOLATIONS; SURVIVAL
Local may terminate these Terms, or terminate or suspend your access to the Services and/or Local Web Pages at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease.
If you violate these Terms in any way, including, without limitation, by repeat infringement of copyrights, Local may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and promotions), or take any other action that Local believes is appropriate. Local may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Services or Local Web Pages who are involved in such violations. If your access to the Services is terminated, Local may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider.
In the event of termination of these Terms, whether by us or you, these Terms shall survive in full force and effect indefinitely, including our right to use your User-Generated Content unless and until Local chooses to terminate such Terms, regardless of whether you close your Local Account or whether you continue to use the Services and/or Local Web Pages.
8. LOCAL POLICIES
Local does not control, verify or endorse any User-Generated Content posted by third-parties on the Services or Local Web Pages, and does not guarantee the accuracy, integrity, timeliness or quality of such content. You understand that, by using the Services or accessing the Local Web Pages, you may be exposed to content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Services, including any reliance on the content, integrity, and accuracy of such content. If you see objectionable content or have any questions about this Agreement, please contact Local at email@example.com.
10. PROPRIETARY INFORMATION
As you use the Services, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") provided by Local and other Local Parties. You acknowledge and agree that the Local Web Pages and any Content, Services or software available through or used in connection with the Local Web Pages, including without limitation proprietary databases, software, servers, components, and algorithms necessary to operate and provide the Services, contain proprietary and confidential information that is owned by one or more Local Parties, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content made available via the Services or Local Web Pages, but provided by third parties may be subject to separate Terms and Conditions established by those third parties. Local's formatting of such content, including the selection of such available content, and its arrangement, enhancement and coordination is copyright protected by Local. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Local Web Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the appropriate Local Parties, you agree not to modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in any way exploit the Services, the Local Web Pages, or any Content available through or used in connection with the Local Web Pages, in whole or in part. You are not permitted to store any portion of the content of the Services in a computer unless it is for personal and non-commercial use.
11. TRADEMARK INFORMATION
You acknowledge and agree that Local.com® and other Local logos, products and service names are or may be trademarks and/or service marks of Local ("Local Marks"). You agree that you will not display or use the Local Marks in any manner, without the express written permission of Local. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners. Nothing in these Terms grants you any license to use any trademark, service mark, names or logos of Local, any Local Parties, or any third party.
12. INFORMATION AVAILABLE FROM THE RESULTS PAGES
Local and the Local Parties do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Services, or on any Local Web Page. Local and the Local Parties do not authorize the use of information available via the Services, or on any Local Web Page for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. Local does not endorse or recommend any particular product or service.
13. MAP INFORMATION
14. LINKS; THIRD PARTY SERVICES
Certain portions of the Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, "Third Party Services"). Local provides access to these Third Party Services to you as a convenience only and Local does not, in any way, control or manage such Third Party Services. As such, Local is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Services, Local is not endorsing or warranting such Third Party Services in any way. Furthermore, Local does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
15. REQUESTS FOR REMOVAL OF LINKS FROM INDICES
Local occasionally receives requests to remove links from its indices that generate web results. Although Local reserves the right to address such requests individually, Local is generally not willing to remove any links from its indices.
16. SECURITY AND PRIVACY LIMITATIONS
By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient. You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through Local. Such risks include, but are not limited to, (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) Local users viewing your IP address, and (4) files you share with other Local users being redistributed and used without your knowledge.
17. LOCAL MAKES NO WARRANTY
THE LOCAL PARTIES PROVIDE THE SERVICES AND LOCAL WEB PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOCAL PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE LOCAL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LOCAL DOES NOT WARRANT THAT THE SERVICES, LOCAL WEB PAGES OR WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER A RE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF LOCAL'S WEB PAGES OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE LOCAL WEB SITES OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, LOCAL IS NOT RESPONSIBLE FOR THOSE COSTS.
18. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY LOCAL PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES OR THE LOCAL WEB PAGES, EVEN IF SUCH LOCAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 18 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LOCAL PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
19. CHANGES TO THE SERVICES; ADDITIONAL LIABILITY LIMITATION
WITHOUT LIMITING THE GENERALITY OF SECTIONS 17 AND 18, YOU ACKNOWLEDGE AND AGREE THAT THE LOCAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY LOCAL OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 17 AND 18, YOU ACKNOWLEDGE AND AGREE THAT LOCAL IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE WEB SITE OR LOCAL WEB PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY LOCAL TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE LOCAL WEB PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY LOCAL OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 17, 18 AND 19 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
You agree to release, indemnify, defend and hold harmless Local, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, any breach by you of this Agreement, or your violation of any rights of another. Local reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
22. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Local Web Pages are copyrighted by Local Corporation and/or its suppliers, 7555 Irvine Center Drive, Irvine, CA 92618, U.S.A. All rights reserved. Local.com, the Local.com name and logos (old and new), and/or other Local products and services referenced herein may also be either trademarks or registered trademarks of Local in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
Certain portions of the content on the Local Web Pages may be provided by Acxiom Corporation. This information is proprietary to Acxiom Corporation and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part, to any third party; and you will not make such Acxiom information available, in whole or in part, to any other user in any networked or time-sharing environment, or transfer the information, in whole or in party, to any computer other than the PC used to access this information.