NOTICE REGARDING DISPUTE RESOLUTION FOR THE U.S. USERS: THIS NOTICE IS APPLICABLE TO U.S. USERS ONLY (A) A U.S. CITIZEN; (B) A PERSON THAT RESIDES IN THE U.S.; (C) A PERSON THAT IS ACCESSING THE APP FROM THE U.S. (U.S. USER), THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1.2. Locals.org, Inc. or any of our affiliated entities (referred to here as “we”, “us”, “our”) permit you to use the App as described in these App Terms.
1.3. The App offers the ability to connect people who would like to host an experience or event through our App (an “Experience”), with those who would like to attend an Experience. The Experiences are designed for individuals to try new activities and meet new people in their area. In these App Terms, anyone who uses the App is considered a “User” and may also be referred to as either: (a) a “Host” where they create and host an Experience on our App; or (b) an “Attendee” in respect of their attendance of an Experience.
1.4. Please note, although we provide the App so that individuals may connect and enjoy Experiences, we are not responsible for the Experiences themselves, or any consequences of hosting or attending an Experience arranged through the App. For more details, please see section 13 (Disclaimers).
1.5. Where we provide any services to you under these Terms, we will always do so with reasonable skill and care.
1.6. You should note the following rules which apply to these terms and conditions:
- 1.6.1. the headings do not affect the interpretation of any provisions;
- 1.6.2. where we use the singular of a word, this also includes the plural (or vice versa); and
- 1.6.3. if we use terms such as “including”, “include”, “in particular”, “for example” or any similar expression, we do this for illustrative purposes only and this does not limit the scope or meaning of the overall provision (i.e. where we use such words, we are providing examples only and the examples are not exhaustive).
2. Application of these Terms
2.1. These Terms, together with any other documents which we tell you are part of them (collectively these “Terms”), set out the terms on which the App is provided to you.
2.3. Some Experiences may have additional specific terms and conditions that may be published on the App (the “Experience Rules”). If there is any conflict or inconsistency between these Terms and the Experience Rules, the Experience Rules will take priority where we expressly state this is the case in the Experience Rules.
2.4. You agree to comply with our Community Guidelines when using the App, which are part of these Terms. Our Community Guidelines can be found at https://locals.org/guides/.
2.5. The ways in which you can use our App may also be subject to the rules and policies of the applicable app store. In the event of any differences between these Terms and the app store rules and policies, the app store’s terms will apply instead of these Terms.
2.6. If you have any questions, concerns, or comments about these Terms, please go to https://locals.org/contact-us/ to contact us.
3. Changes to these Terms
3.1. We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access the App to ensure you understand the terms that apply at that time.
3.2. Where possible and provided you have registered an account with us, we will try to notify you of any changes to these Terms by email or a pop-up when you next access your account.
3.3. If you do not agree to any changes to these Terms that we may make, do not use the App. In addition, you may close your account by contacting us at: [email protected] .
4. Creating an account
4.2. We reserve the right to deny or remove any username or screen name selected by you for any reason at any time, including if we suspect any breach of these Terms, in which case you will need to select a new username and/or screen name in order to keep using the App.
4.3. All information provided by you when creating an account must be accurate and complete. If your account information changes at any time, you must update it as soon as possible.
4.4. You must treat all account information as confidential, and you must not share it with anyone else. Only you can use your account and you are responsible for keeping your password secret. If you know or suspect that anyone other than you knows your password, you must promptly notify us, please email us at [email protected].
4.5. We have the right to disable any User identification code or password (which includes access to your account), whether chosen by you or allocated by us, at any time, in our sole discretion and with immediate effect, including (but not limited to) if in our reasonable opinion you have failed to comply with any of these Terms. We will notify you in the App if this occurs.
4.6. By creating an account, you also confirm that:
- 4.6.1. if you are a Host, you will provide Experiences in accordance with all applicable laws and guidelines, including applicable health and safety requirements and equal protection laws;
- 4.6.2. if you are an Attendee at an Experience, you will comply with all applicable laws and guidelines, including applicable health and safety requirements, while attending that Experience;
- 4.6.3. you are not currently restricted in any way from offering, hosting, or attending an Experience; and
- 4.6.4. you will comply with the Community Guidelines at all times.
4.7. You may close your account at any time by contacting us at https://locals.org/contact-us/.
5. Accessing the App
5.1. You are not permitted to access or use the App unless you are at least 18 years old. By using our App, you confirm that you are at least 18 years old.
5.2. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the App without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period.
5.3. You are responsible for making all arrangements necessary for you to have access to the App.
5.4. You are also responsible for ensuring that all persons who access the App through your internet connection and/or devices are aware of these Terms, and that they comply with them.
6. Hosted Experiences
6.1. After creating an account through the App, you will be permitted to create an Experience through the App (all such persons referred to herein as “Hosts”) and offer your Experience directly to other Users via the App (“Hosted Experiences”). Once you have created an account, you can: request to participate in Hosted Experiences as an Attendee (a “Request”); and offer Hosted Experiences as a Host.
6.2. When you have made a Request, the Host will review all Requests for the applicable Hosted Experience and will select which of the Users who have made a Request will be entitled to participate in the Hosted Experience. The Host shall have full discretion over the selection of Users including the overall number of accepted Users. We do not guarantee that you will be selected for any given Hosted Experience.
6.3. We, or a Host, may require additional verifications or other information from you prior to selecting you to participate in the Hosted Experience. If any information you provide is incomplete or inaccurate, you may not be able to participate in the Hosted Experience.
6.4. You are not required to make any purchase, payment, donation, or other financial contribution to be able to submit a Request or join a Hosted Experience. No payment of any kind shall be taken as part of making a Request. You are also not permitted to request any incentive of any kind in return for providing a Hosted Experience.
6.5. A Host may, in its discretion, request that Attendees contribute the cost of their own participation in the Hosted Experience (e.g., ticket price, food and drink) if applicable, but any such contribution must be arranged between the Host and Attendees. We do not and cannot facilitate any payment between Users. We expressly disclaim any responsibility or liability for payments and fees exchanged between Hosts and Users. Users should use common sense in deciding whether to make a payment to any Host and assume all risk in exchanging money or making payments to a Host.
6.6. You are also not permitted to request any incentive of any kind in return for providing a Hosted Experience.
6.7. When hosting or attending an Hosted Experience, you must act with respect towards other Users. In particular, you must not:
- 6.7.1. do anything that is not permitted under applicable local, national or international law or regulation;
- 6.7.2. act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- 6.7.3. harm or attempt to harm any User, or any other adult, child, or animal, in any way; or
- 6.7.4. bully, insult, intimidate or humiliate any User or other person.
6.8. We reserve the right to limit, change or cancel any Hosted Experience where we have a reason for doing so, at our sole and absolute discretion, even after you have submitted a Request or attempted to redeem your Hosted Experience. If this happens, we will do our best to notify you in advance via the App if it is possible for us to do so. If we cannot notify you in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter.
6.9. We, or a Host, may require additional verifications or other information from you prior to selecting you to participate in the Hosted Experience. If any information you provide is incomplete or inaccurate, you may not be able to participate in the Hosted Experience.
6.10. When hosting or attending an Hosted Experience, you must act with respect towards other Users. In particular, you must not:
- 6.10.1. do anything that is not permitted under applicable local, national or international law or regulation;
- 6.10.2. act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- 6.10.3. harm or attempt to harm any User, or any other adult, child, or animal, in any way; or
- 6.10.4. bully, insult, intimidate or humiliate any User or other person.
6.11. The Host is responsible for providing all equipment, including supplies, vehicles, venues, and other materials ("Equipment") necessary to host an Hosted Experience. The Host is solely responsible for ensuring that the Equipment used in an Hosted Experience is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, the Host assumes all risk of damage or loss to Equipment. We expressly disclaim any liability whatsoever arising out of the use or failure of Equipment at an Hosted Experience, and the Host agrees to hold us harmless from the same.
6.12. When creating an Hosted Experience, the Host must, where applicable, fully educate and inform Attendee about:
- 6.12.1. any risks inherent or incidental to the Hosted Experience
- 6.12.2. any requirements for participation, such as the minimum age, related skills, or level of fitness, and
- 6.12.3. anything else they may need to know to safely participate in the Hosted Experience (including dress codes, equipment, special certifications, or licenses, etc.).
6.13. When hosting or attending an Hosted Experience, the Host must act with respect towards other Users. In particular, the Host must not:
- 6.13.1. do anything that is not permitted under applicable local, national, or international law or regulation;
- 6.13.2. act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- 6.13.3. harm or attempt to harm any User, or any other adult, child, or animal, in any way; or
- 6.13.4. bully, insult, intimidate or humiliate any User or other person.
6.14. The Host is responsible for:
- 6.14.1. understanding and complying with all laws, rules and regulations that may apply to the Hosted Experience
- 6.14.2. obtaining any required licenses, permits, or registrations prior to providing the Hosted Experience; and
- 6.14.3. ensuring that creating and/or hosting of an Hosted Experience will not breach any agreement the Host may have with any third party.
6.15. To the extent required by law, or when required by us directly, the Host must obtain insurance in amounts sufficient to cover the Hosted Experience. We reserve the right to require proof of insurance for any Hosted Experience, and the Host agrees to cooperate with us to verify such insurance coverage. We may refuse to allow the Host to create or publish an Hosted Experience on the App in the absence of such insurance. All insurance shall cover the Host, the members of his team or organization, and/or the Hosted Experience with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on the Hosted Experience. We may also require that the Host name us as an additional insured on any insurance policy.
7. Using and uploading the Content
7.1. The following are types of content you will encounter through your use of the App:“Locals Content” means any content published or made available by us through the App (as well as any emails and our notifications); and “User Content” means content provided by other Users of the App, including details of Hosted Experiences and feedback or comments provided by Attendees through the App.
7.2. Locals Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the App in accordance with these Terms.
7.3. We are the owner or licensee of all intellectual property rights in the Locals Content and the App. You have no intellectual property rights in, or to, the Locals Content and the App other than the right to use them in accordance with these Terms. We may update our App and the Locals Content from time to time. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
7.4. All User Content on the App is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.
8. Uploaded Content and Content Standards
8.1. You (or your licensor if applicable) own any content that you upload to the App (“Uploaded Content”).
8.2. When you upload any Uploaded Content, you must ensure that you have all necessary rights to post the Uploaded Content, and that you own, or have all necessary permissions from the owner of, the Uploaded Content. By uploading such Uploaded Content you confirm to us that you have such rights.
8.3. You acknowledge and agree that Uploaded Content may be published and viewed by other Users and we do not guarantee any confidentiality with respect to any Uploaded Content you upload. You shall be solely responsible for your own Uploaded Content and the consequences of posting or publishing it.
8.4. When posting any Uploaded Content, you must comply with the content standards set out in sections 8.5 to 8.6 below (“Content Standards”).
8.5. You must act in good faith when uploading any Uploaded Content and we rely on you complying with these Content Standards in their spirit as well as to the letter. These Content Standards apply to each part of any Uploaded Content as well as to its whole.
8.6. Uploaded Content must:
- 8.6.1. be accurate (where it states facts) or genuinely held (where it states opinions), and be kept up to date at all times;
- 8.6.2. not be defamatory, offensive, bullying, hateful, deceptive, threatening, abusive or in contempt of court;
- 8.6.3. not promote sexually explicit material, violence, discrimination or any illegal activity;
- 8.6.4. not infringe any intellectual property rights (including copyright, database rights or trade marks) of any other person;
- 8.6.5. not breach any legal duty owed to a third party, such as a contractual duty or a duty to maintain confidentiality;
- 8.6.6. not contain any advertising or promote any services or web links to other sites; and
- 8.6.7. comply with all applicable law.
8.7. By submitting your Uploaded Content to the App, you grant us a licence to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, prepare derivative works of, publicly display, publicly perform, advertise and otherwise exploit the Uploaded Content in connection with the App and our business, including without limitation for providing, promoting and redistributing part or all of the App (and derivative works thereof) in any and all media formats and through any and all media channels. This licence gives us rights worldwide which do not expire and which are irrevocable, and which do not require us to make any payment to you. We may transfer or sub-licence this licence to others.
8.8. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content.
8.9. We welcome any feedback from you about the Content, the App or otherwise, including how they can be improved. All feedback you provide is considered to be Uploaded Content and as such, you agree to grant us a licence to use your feedback as set out above.
8.10. We do not actively monitor Uploaded Content or User Content; however, we reserve the right to remove any material we deem to be in violation of these Terms or the Content Standards, and/or suspend or terminate your account at any time in the event we consider you and/or any Uploaded Content you upload has breached these Terms, including the Content Standards.
9. Content Restrictions
9.1. You must not modify any copy of any of the Content or any other information or materials taken from the App that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.2. You must not use any of the Content for commercial purposes, unless you tell us first that you want to do this and we (or in the case of User Content, the applicable User) agree to give you a separate licence to do so to cover this use.
9.3. If you print off, copy, or download any part of the App or the Content other than as permitted under these Terms, your right to use the App and/or any of the Content (or any account you have with us) will stop immediately and you must, at our option, either return or destroy any copies of the materials you have made.
9.4. Except as set out in these Terms, nothing on the App should be taken as us granting (whether implied or otherwise) any licence or right in or to our intellectual property rights without our express written permission.
10. What you may and may not do on the App
10.1. In return for your agreeing to comply with these Terms, we grant you a licence to retrieve and display content from the App on a mobile device and store the App in electronic form incidentally in the normal course of use on your browser or mobile device. This licence is not exclusive to you (we have the right to grant a licence to others too) and we have the right to remove the licence at any time. The licence is personal to you, and you cannot transfer it to someone else. You may only use the App on a device which is owned by you, or if the device is owned by someone else, where you have their permission to use the App.
10.2. You may use the App only for lawful purposes. You may not use the App:
- 10.2.1. in any way that breaches any applicable local, national or international law or regulation;
- 10.2.2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect,
- 10.2.3. for the purpose of harming or attempting to harm any adult, child or animal in any way;
- 10.2.4. to bully, insult, intimidate or humiliate any person;
- 10.2.5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (see above);
- 10.2.6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- 10.2.7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
10.3. You also agree that you will not:
- 10.3.1. make the App or any Locals Content available in any form, in whole or in part, to any other person without prior written consent from us;
- 10.3.2. make commercial use of the App or any Locals Content;
- 10.3.3. remove, hide, or change any copyright, patent, trade mark or other proprietary rights notices affixed to the App or any Locals Content;
- 10.3.4. copy the App or any Locals Content, except as part of the normal use of the App or where it is necessary (and permitted by law) for the purpose of back-up or operational security;
- 10.3.5. translate, merge, adapt, vary, alter, or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App as permitted in these Terms; or
- 10.3.6. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the App, or integrate the App with other computer systems or programs,
- except to the extent that such actions cannot be prohibited by applicable law.
10.4. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App that you use.
11. Donation terms
11.1. You do not have to make any donation or other financial contribution to use the App, submit a Request or attend an Experience, and any donation you provide will not affect your chance of being selected to participate in an Experience.
11.2. You may choose to provide a voluntary monetary donation to support one or more of the causes or charities selected by a Host of a Hosted Experience (the “Relevant Cause”) when submitting a Request (a “Donation”). No money will be taken until you have been selected to participate in a Hosted Experience, at which point you will have the opportunity to approve or cancel your Donation once you have been selected for the Hosted Experience. You will be able to participate in the Hosted Experience regardless of whether or not you approve the Donation.
11.3. Donations are not refundable once the payment has been authorised and accepted.
12. Right to discontinue use of the App; termination
12.1. If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the App with immediate effect. If your non-compliance can be put right, we will give you a reasonable opportunity to do so.
12.2. We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.
12.3. Our App is made available free of charge. We may stop providing the App (or parts of it) to you or add or create new limits to our App (or parts of it) at any time. You may stop using the App at any time.
12.4. If we suspend or terminate your rights to use the App:
- 12.4.1. you must stop all activities authorised by these Terms, including your use of the App (and any Content);
- 12.4.2. you must delete or remove the App from all mobile devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- 12.4.3. we shall be entitled to remotely remove access to the App from your devices and cease providing you with access to the App.
13.1. Please note, although we provide the App so that individuals may connect and enjoy Experiences, we are not responsible for the Experiences themselves, or any consequences of hosting or attending an Experience arranged through the App.
13.2. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or App (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgment and caution when acting on the information available through the App. We also do not assume any liability arising from the cancellation of an Experience.
13.3. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted.
13.4. All content on the App (including the Content) is provided to you on an “as is” basis and is for your general information only. We do not guarantee that the App (including the Content), will be free from errors or omissions. It is not intended to amount to any advice on which you should rely. However, where we provide any services to you, we will always do this with reasonable skill and care.
13.5. Although we use our reasonable efforts to update the Locals Content and the App as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the App is accurate, complete, and up-to-date, or to the suitability of the App or the Content for you.
13.6. You are responsible for the information you share with other Users when you disclose information on the App. We are not responsible for the conduct of any User of the App. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the App or participate in an Experience as an Attendee.
13.7. PLEASE BE AWARE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND OR SIMILAR CHECKS ON ANY USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF THE USERS (IN EACH CASE INCLUDING HOSTS OR ATTENDEES). YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND YOU SHOULD ENSURE YOU TAKE APPROPRIATE PRECAUTIONS WHEN COMMUNICATING WITH OTHER USERS OR ATTENDING OR HOSTING EXPERIENCES. WE MAKE NO COMMITMENTS, AND ASSUME NO LIABILITY, IN CONNECTION WITH THE CONDUCT OF THE USERS, ON OR OFF THE APP.
13.8. WE DO NOT ASSUME ANY LIABILITY FOR ANY OUTCOME OF ANY INTERACTION (ONLINE OR OFFLINE) RESULTING FROM THE CONTENT OR APP (INCLUDING ANY RESULTING HEALTH ISSUES, PHYSICAL OR MENTAL HARM, ACCIDENT, OR INJURY THAT YOU MAY SUFFER). YOU ARE ADVISED TO EXERCISE GOOD JUDGMENT AND CAUTION WHEN ACTING ON THE INFORMATION AVAILABLE THROUGH THE APP.
13.9. To the extent you are aware of suspicious, fraudulent, or behavior, please immediately report it to [email protected]. You should block and report anyone that violates these Terms, including (a) underage users, (b) harassment, threats, and offensive behavior, and (c) inappropriate or harmful behavior of any kind, (d) fraudulent profiles, or (e) Experiences not conducted in accordance with these Terms or applicable law.
14. Coronavirus disclaimer
14.1. You must comply with all applicable government guidance and restrictions when attending or hosting an Experience.
14.2. You must not attend or host an Experience if you or a member of your household develop symptoms of Coronavirus in the 14 days before your Experience. If this happens please contact your Attendee(s) or Host (as applicable) as you may need to cancel or postpone the Experience.
14.3. We provide a platform that facilitates individuals hosting and attending Experiences. We are not responsible, and accept no liability, for anyone’s (including Users’ and Hosts’) compliance with the relevant guidance, or any consequences of you attending an Experience (including any resulting health issues).
14.4. You are solely responsible for your own health and safety and your behaviour whilst attending or hosting an Experience. Only you can decide whether or not it is safe and sensible for you to attend or host an Experience.
15. Limitations of Liability; General Disclaimer
15.1. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes any liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for any fraud or fraudulent misrepresentation. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15.2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR OTHERS IN CONNECTION WITH THE APP, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USERS, INCLUDING YOU.
15.3. If digital content that we have supplied is defective and damages any device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage to your device or pay you reasonable compensation. However, we will not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for any damage that was caused by you failing to correctly follow any of our instructions or to have in place any minimum system requirements that we advise you of.
15.4. We are also not responsible to you if our provision of the App is delayed by an event or cause outside our control.
15.5. Except as set out in section 15.1 above, our total liability to you arising under or in connection with these Terms shall be limited to one hundred pounds sterling (£100).
15.6. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15.7. TO THE FULLEST EXTENT PERMITTED BY LAW WE MAKE NO WARRANTIES AS TO OUR APP OR CONTENT. YOU AGREE THAT OUR APP AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE APP, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR APP OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
15.8. TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT ASSUME LIABILITY FOR ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION, OR ISSUE, OR OTHERWISE, DUE TO ANY ACT OR DEFAULT OF ANYONE OR ANY BUSINESS, WHETHER OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE, AFFILIATED WITH US. WE DO NOT ASSUME LIABILITY FOR ANY OWNERS, STAFF, AGENTS, JOINT VENTURE PARTNERS, CONTRACTORS, VENDORS, AFFILIATES OR OTHERWISE WHO IS ENGAGED WITH THE APP OR ITS CONTENT, OR IN ANY WAY OR IN ANY LOCATION. IN THE EVENT THAT YOU USE OUR SERVICES AND CONTENT OR ANY OTHER INFORMATION PROVIDED BY US OR AFFILIATED WITH US, WE ASSUME NO RESPONSIBILITY.
16. Our Losses
16.1. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
16.2. To the fullest extent permitted by law you agree at all times to defend, indemnify and hold us harmless, as well as any of our affiliates, agents, contractors, officers, shareholders, directors, users, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of the App or your breach of any obligation, warranty, representation or covenant set forth in these Terms.
16.3. To the fullest extent permitted by law in no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on the App and Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
17.1. To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the App and the Service; (ii) disputes between Users, including those between you and other Users; (iii) User Content or Third Party Content; (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content.
17.2. If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
18.1. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Locals.org, Inc., our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the App, the Website, the Service and the Content; (b) your violation of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.
19. Viruses, hacking and other offenses
19.1. We do not guarantee that the App or the Content will be secure or free from bugs or viruses.
19.2. You are responsible for configuring your information devices, technology, computer programs and platform in order to access the App and the Content. You should use your own virus protection software to protect these.
19.3. You must not misuse the App by knowingly introducing anything that may cause issues including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the App, the server on which our App is stored, or any device, server, computer, or database connected to the App. You must not attack our App via a denial-of-service attack or a distributed denial-of-service attack.
19.4. Any failure to comply with this provision, could cause you commit a criminal offence. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the App (and the Content) will cease immediately.
20. Operating system / Mobile device requirements for the App
20.1. The App requires a mobile device with a minimum of 64.9MB of memory and the iOS operating system version 12.0 or later. You must use a commercially released mobile device that has not been modified and is compatible with the App that you install.
20.2. You are solely responsible for any fees or charges, including internet access and data charges, incurred by you in connection with your use of the App. We are not responsible for the suitability, functionality, and performance of either your mobile device or your internet or cellular connectivity. You agree you are solely responsible for the maintenance and security of your mobile device, its passwords and any usage or activities that occur in connection with the App, your account, and your mobile device.
20.3. We recommend that you back up any content and data (including Uploaded Content) used in connection with the App, to protect yourself in case of problems with the App.
21. Third Parties
21.1. Where the App contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
21.2. The App may include information and materials uploaded by other Users, including information about Experiences provided by Hosts. This information and these materials have not been verified or approved by us. The views expressed by other Users (including Hosts) on the App do not represent our views or values.
22. Copyright Notice Policy
COPYRIGHT NOTICE POLICY IS APPLICABLE TO U.S. USERS ONLY.
A. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting a written notification to our Copyright Agent at the address or email listed in Part C below. Please note that if you knowingly materially misrepresent that certain material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
B. Counter-Notice by Accused Member
If you are a U.S. User and we have taken down your User Content due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication (a “Counter-Notice”) to our Copyright Agent, at the email listed in Part C below. The Counter-Notice must include the following information:
- A physical or electronic signature of the accused party.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement made under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the User's address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Remember that even though we process DMCA Notice and the Counter-Notice, we do not adjudicate these disputes. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
C. Agent for Notices
Please send all notices required by this policy to our Copyright Agent at:
c/o Locals.org, Inc.
8 The Green
Dover, DE 19901
Email address: [email protected]
D. Information for the Users
If your User Content is subject to the DMCA Notice, you will receive a notification from us explaining the status of your User Content and the next steps. Any material that is subject to the DMCA Notice will be removed until the dispute is resolved or the DMCA process is complete.
E. Termination of Repeat Infringers
In appropriate circumstances, we will terminate the accounts of Users who are repeat copyright infringers.
F. Revision of Policy
We may revise this policy at any time, including by posting a new version on our website.
23. Statute of Limitations
24. BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE (APPLICABLE TO U.S. USERS ONLY)
24.2. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to Us must be addressed to: Locals.org, Inc, 8 The Green, Suite #10745, Dover, DE 19901 or by emailing [email protected] . If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
24.3. Additional Arbitration Provisions:
- (a) Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.
- (b) Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271.
- (c) Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
- (d) Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
- (e) Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
- (f) Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
- (g) Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
- (h) Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
24.4. Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO [email protected] OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
25. Other important terms
25.1. MATERIAL TERMS (FOR U.S. USERS ONLY). YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE APP.
25.2. Assignment. We can assign, transfer or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
25.3. Third party rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.
25.4. Variation. Except as set out in section 3 (Changes to these Terms), no changes to these Terms will be effective unless they are made in writing and signed by both you and us.
25.5. Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25.6. International Use. If you are U.S. user, you represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control (“OFAC”) or any other Governmental Entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology, or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.
25.7. Applicable Law and Jurisdiction.
- 25.7.1. If you are U.S. user, this Agreement, and all claims and causes of action in connection with, arising under or relating to the subject matter of these terms and conditions, in the broadest possible way, including tort claims (the “Claims”), shall be governed by, and construed in accordance with the laws of the State of Delaware without regard to its choice of law principles. To the extent applicable, the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. The choice of law designated herein shall apply to all factual and legal issues relating to or arising under the contract, and shall survive termination of this Agreement.
- 25.7.2. If you are a U.S. user, further, except as provided in the paragraph below, you and the Company agree to the jurisdiction of Delaware to resolve any Claims that relate to or arise in connection with the Agreement and that are not subject to mandatory arbitration under Section 24.
- 25.7.3. If you are a UK user, (a) you are a UK citizen; (b) you do reside in the UK; (c) you are accessing the App from the UK, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the laws of England, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of England. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
25.8. No waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
25.9. Contact us. If you have any questions or concerns regarding these Terms, you may contact us by email at [email protected].