Terms of Use
Last Updated February 1, 2010
Local Tourist, LLC ("Local Tourist", "we," "us" or "our" as appropriate) owns, operates and manages http://www.localtourist.com/ (the "Site"). By entering the Site, you explicitly agree to and are bound by the following terms and conditions (the "Terms of Use"). If you violate any of the terms, conditions, or covenants of these Terms of Use you will have your account terminated and you may be permanently banned from accessing the Site.
Entering the Site constitutes your acceptance and agreement to all of the terms contained in these Terms of Use. Please do not enter the Site if you are unwilling or unable to abide by these Terms of Use.
1. Definitions
a. "Services" refers to publishing and advertising services offered by Local Tourist through the Site.
b. A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you," "your" and "yours" refer to you, as a User of the Site.
c. "Local Tourist," "we," "us" or "our" refer to Local Tourist, LLC.
d. "Content" means text, images, photos, audio, video, and all other forms of data or communication.
e. "User Content" means Content that a User submits, posts, or transmits to the Site, such as business listings, business ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to the Site. User Content does not include the information that a User submits in order to create an account on the Site.
f. "Local Tourist Content" means Content that is created by Local Tourist and made available on the Site.
g. "Third Party Content" means Content that is made available on the Site by parties other than Local Tourist or a User, such as data providers that license data to Local Tourist for use on the Site.
h. "Site Content" means all of the Content that is made available on the Site, including User Content, Local Tourist Content and Third Party Content.
2. Changes to the Terms of Use
The Terms of Use may be modified by Local Tourist at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. We may also notify you by email. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Any such modification will be effective immediately upon Local Tourist posting the new Terms of Use. Your continued use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification.
3. Eligibility
You represent that you are at least 18 years of age and have attained the age of majority in the province, state, or country in which you reside, and any information you submit is correct. If you are not at least 18 years of age, you may not use the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Use.
4. User Accounts
To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your User Account at any time for any or no reason.
There are two types of User Accounts:
a. A "Personal Account" is an account for your personal, non-commercial use, and may be used to submit, post, and transmit reviews, ratings, messages, electronic mail, compliments, invitations, commentary, photographs, trip itineraries, and other types of User Content. In creating a Personal Account, we ask that you provide complete and accurate information about yourself in order to strengthen your credibility as a contributor to the Site, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts.
b. A "Business Account" is an account for your use as a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the business and you must provide complete and accurate information about yourself and the business you represent. You may not create multiple Business Accounts for the same business.
5. Use of the Site
a. Subject to the restrictions in these Terms of Use, Local Tourist grants you permission to use the Site, including the ability to: (a) search for local business and services, (b) read, write, and share reviews about local businesses, (c) send messages to other Users, and (e) invite people you know to register with Local Tourist.
b. You will be exposed to User Content, Local Tourist Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Local Tourist does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.
6. Restrictions on Use
You agree that you will not:
a. use the Site in violation of the Terms of Use or any applicable law;
b. use the Site to transmit or post pornography or illegal Content;
c. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
d. use the Site to transmit or post offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
e. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, multi-level marketing schemes, surveys, or other mass messaging, whether commercial in nature or not;
f. use the Site to defraud, threaten, stalk, incite, harass or advocate the harassment of another person, promote bigotry or discrimination, or otherwise interfere with another user's use of the Site;
g. use the Site to transmit or post Content that is false or intentionally misleading;
h. use the Site for keyword spamming or to otherwise attempt to manipulate search results;
i. record, process, or mine information about other users;
j. reverse engineer any portion of the Site, except as may be permitted under the law;
k. reformat, republish or frame any portion of the Site;
l. access, retrieve or index the Site to construct or populate a searchable database of Site Content including business listings or business reviews, except as expressly authorized by Local Tourist;
m. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content, except as expressly authorized by Local Tourist;
n. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
o. use the Site for promotional or commercial purposes, except as expressly permitted by Local Tourist;
p. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
q. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
r. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content, except as expressly authorized by Local Tourist;
s. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Local Tourist technology infrastructure;
t. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
7. License to User Content
a. Each User grants Local Tourist an irrevocable, perpetual, royalty-free and worldwide license to use the User Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works in it, distribute it, promote it, and license these same rights to third parties for use; and all with or without attribution.
b. Each User grants all other Users the irrevocable, perpetual, royalty-free and worldwide right to access and use such User Content.
c. Each User irrevocably waives, and causes to be waived, any claims and assertions of moral rights or attribution with respect to all User Content.
8. Responsibility for User Content
a. You are solely responsible for the User Content you submit. You assume all risks associated with the User Content you submit, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of User Content you submit. You may not imply that any User Content you submit is in any way sponsored or endorsed by Local Tourist.
b. Because you alone are responsible for the User Content you submit (and not Local Tourist), you may expose yourself to liability if, for example, the User Content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
9. Use of Content
a. Local Tourist may or may not use User Content in its sole discretion. For example, we may choose not to publish User Content if we believe it violates the Terms of Use. In addition, please note that we have no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with respect to User Content.
b. Local Tourist and its licensees may display advertisements and other information adjacent to or included with User Content on the Site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
c. The Site is a Venue. The Site acts as a venue to allow Users to communicate with other Users. The Site aggregates and displays third party products and services. We are not involved in the actual transaction between Users even though we may from time to time provide tools, such as electronic mail correspondence, unique telephone numbers, trip itinerary tools, and editorial reviews. Listings are provided solely by third parties and as a result, the quality, safety or legality of the products and/or services advertised, the truth or accuracy of the listings (including the content thereof or any user review), the ability of a user to complete a transaction with another user is solely the responsibility of each User. The third party products and services are located on third party websites and/or applications either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control. Nothing contained on the Site is an offer or promise to sell a specific product or service for a specific price or that any User will sell any product or service for any purpose or price or on any specific terms. Local Tourist does not guarantee the price, terms, product, availability and/or services offered by any user. YOU RECOGNIZE, UNDERSTAND AND AGREE THAT LOCAL TOURIST IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER REGARDING THE PURCHASE, SALE, RECOMMENDATION, ADEQUACY, SUITABILITY, AVAILABILITY OR SAFETY OF ANY PRODUCT OR SERVICE LISTED ON THE SITE. Local Tourist is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by other Users. If you have a dispute with one or more Users, you release Local Tourist from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
10. Communications
All telephonic correspondence between you and a merchant/service provider will be recorded by us or a third party at our request. You agree and consent that any telephone conversation between you and a merchant/service provider may be recorded by us or a third party at our request.
11. Third-Party Sites
This Site may contain links to third party websites (each, a "Third-Party Site"), resources, and sponsors of the Site. Links to and from the Site to other Third-Party Sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof. You agree that Local Tourist is not responsible for the availability or contents of such Third-Party Sites.
12. Site Availability
Local Tourist reserves the right (but is under no obligation) to modify, update, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability.
13. Unauthorized Access
Local Tourist reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
14. Ownership
Local Tourist owns the Local Tourist Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, logic, algorithms, ideas, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. Local Tourist also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Local Tourist Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Local Tourist Content in whole or in part except as expressly authorized by Local Tourist. Except as expressly and unambiguously provided herein, Local Tourist does not grant you any express or implied rights, and all rights in and to the Site and the Local Tourist Content are retained by Local Tourist.
15. Copyright Dispute and Digital Millennium Copyright Act
Local Tourist complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Local Tourist’s Designated Agent ("Designated Agent") with a Notification of Claimed Infringement to the address listed at the bottom of this section. Local Tourist will respond to notices of alleged copyright infringement that comply with the DMCA and terminate the accounts of those determined by Local Tourist to be "repeat infringers." All written Notifications of Claimed Infringement must include: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Before sending a notice to Local Tourist, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Local Tourist’s Designated Agent for Notice of Claimed Infringement is provided below.
Attn: DMCA Agent
Local Tourist, LLC.
P.O. Box 683364
Park City, UT 84060
USA
16. Disclaimers of Warranties
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. LOCAL TOURIST MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. LOCAL TOURIST FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM LOCALTOURIST OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
17. Limitation of Liability
IN NO EVENT WILL LOCAL TOURIST BE LIABLE, UNDER ANY CIRCUMSTANCES AND UNDER ANY LEGAL OR EQUITABLE THEORY FOR (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF LOCAL TOURIST OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA. UNDER NO CIRCUMSTANCES WILL LOCAL TOURIST BE LIABILE FOR ANY LOSS OR DAMAGE, IRRESPECTIVE OF THE LEGAL OR EQUITABLE THEORY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE. UNDER NO CIRCUMSTANCES WILL LOCAL TOURIST BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH LOCAL TOURIST RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM. LOCAL TOURIST'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LOCAL TOURIST WITHIN THE SIX (6) MONTH PERIOD PRECEDING THE ARISE OF THE CLAIM OR (II) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
18. Indemnification
You agree to indemnify, defend and hold Local Tourist, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to, use or inability to use the Site, (ii) your violation of the Terms of Use, and (iii) the infringement by you, or any third party using your User Account, of any intellectual property or other right of any person or entity. Local Tourist reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Local Tourist. Local Tourist will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. Governing Law, Jurisdiction & Venue
These Terms of Use shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. Any and all disputes arising out of these Terms of Use, your use of or inability to use the Site, or any disagreement between you and Local Tourist shall be brought exclusively in the state or federal courts located in Salt Lake City, Utah. Both parties agree and consent to personal jurisdiction in said courts.
20. Relationship
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind Local Tourist in any respect whatsoever.
21. Notices
Local Tourist may provide you with notices, including those regarding changes to the Terms of Use, by electronic mail, regular mail or postings on the Site.
22. Third Party Beneficiaries
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
23. Entire Agreement
The Terms of Use contain the entire agreement between you and Local Tourist regarding the use of the Site, and supersede any prior agreement between you and Local Tourist on such subject matter.
24. Waiver
The failure of Local Tourist to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
25. Severability
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
26. Assignment
The Terms of Use are not assignable, transferable or sublicensable by you except with the prior written consent of Local Tourist. Any attempted assignment by you in violation of the Terms of Use shall be void.
27. Headings
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
28. Contact and Violations
Please contact us with any questions regarding the Terms of Use. Please report any violations of the Terms of Use to us through the contact page.
29. Trademarks
Local Tourist and the Local Tourist logo including the "four counter-clockwise rotating arrows" symbol are proprietary service marks of Local Tourist, LLC.