2.REVISIONS TO THE TOU AGREEMENT.
LocalAnyDay.com may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the LocalAnyDay.com home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of the TOU Agreement will always be made available by us here: https://admin.LocalAnyDay.com/_private_staging/terms-of-use/. Please check this page from time to time to view the most current TOU Agreement.
3.INTELLECTUAL PROPERTY RIGHTS.
The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes and software (“Content”) are intended for your [personal] use. LocalAnyDay.com is the owner of the compilation of Content that is posted on the Site. However, LocalAnyDay.com does not necessarily own each component of the compilation. The Content that LocalAnyDay.com makes available on the Site may be owned by LocalAnyDay.com, owned by others and used with their permission, or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
LocalAnyDay.com endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, LocalAnyDay.com can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact Aloha@LocalAnyDay.com at LocalAnyDay.com.
All software used on and provided by the Services is the property of LocalAnyDay.com or our licensors and protected by United States and international copyright laws. Subject to the terms of this TOU Agreement, LocalAnyDay.com hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your [personal] use only. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services and/or Content for other than [personal] use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading or copying any of the Services and/or Content, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
All rights not expressly granted herein are reserved.
4.INTERACTIVE SITE FEATURES AND THIRD PARTY CONTENT
LocalAnyDay.com may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If LocalAnyDay.com provides such features, then LocalAnyDay.com encourages you to interact with its Site, subject to the following conditions:
- You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TOU Agreement or cause injury to any person or entity.
- By posting content, you are granting LocalAnyDay.com (and those authorized by LocalAnyDay.com) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional or other purposes without any obligation to compensate you or any other third party in any way for such use.
- You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.
- You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights.
- You will not insert your own or a third party’s advertising or promotional content into your posting.
- You understand that LocalAnyDay.com may monitor or review discussions, chats, postings, transmissions, bulletin boards, and any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions.
- You understand that LocalAnyDay.com assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act.
- You will not introduce any software viruses, worms or other programs designed to damage software, hardware or telecommunications equipment.
- You agree that you will not collect information about the users of the Site or use such information for any purpose.
- You are not under the age of 13.
LocalAnyDay.com reserves the right to monitor content or information provided by website visitors in its sole discretion, to edit or remove any content that, in LocalAnyDay.com’s judgment, does not comply with the foregoing rules or is otherwise objectionable, inappropriate, or inaccurate. LocalAnyDay.com is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.
6.AUTOMATED QUERIES ARE NOT ALLOWED.
Automated queries may never be sent by you to our Services unless LocalAnyDay.com has provided you with express written permission. “Sending automated queries” includes, among other things:
(a)using any software that sends queries to our Site to determine how a Website or Webpage “ranks” for various queries;
(c)performing “offline” searches on the Site.
A.LocalAnyDay.com does not guarantee the accuracy, integrity, or quality of any Content, nor does LocalAnyDay.com guarantee that the Content and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free. LocalAnyDay.com is never liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content.
-only Use (or attempt to Use) the Services through interfaces provided by LocalAnyDay.com;
-comply with the instructions in any robots.txt file present on the Services; and
-provide all equipment that is necessary to access the Services.
You agree to not use the Services to:
-engage in activity that is in violation of this TOU Agreement or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
-harm or threaten to harm users in any manner;
-harm or threaten to harm minors in any manner;
-stalk or harass any person or entity;
-impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
-forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
-infringe any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
-engage in activity that may interrupt, destroy or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
-disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;
-interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
-intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
-use the Services to advertise or perform any commercial solicitation;
-provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
-collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
B.You acknowledge that LocalAnyDay.com does not guarantee the accuracy of the Content. You agree that your use of any Content is at your own risk. You understand and acknowledge that any Content, data, materials or information on the Site or in the Services is subject to modification or deletion at any time in LocalAnyDay.com’s sole discretion without notice.
C.You acknowledge, consent and agree that LocalAnyDay.com may access, preserve and disclose any information submitted by you and/or your account information (if such information exists) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of LocalAnyDay.com, its users and the public.
8.INTERSTATE DATA TRANSMISSIONS
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by LocalAnyDay.com and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of LocalAnyDay.com’s network architecture, business practices and the manner in which electronic communications are processed.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold LocalAnyDay.com and its affiliates, subsidiaries, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you access, submit, post, transmit or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, and/or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services.
12.MODIFICATIONS TO SERVICE
LocalAnyDay.com may modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice in LocalAnyDay.com’s sole discretion. You agree that LocalAnyDay.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that LocalAnyDay.com may, under certain circumstances and without prior notice, immediately terminate your access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this TOU Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities (including, but not limited to violations of the Digital Millennium Copyright Act), and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination includes (h) removal of access to all Services and (i) barring of further use of the Services. Further, you agree that all terminations for cause or convenience shall be made in LocalAnyDay.com’s sole discretion and that LocalAnyDay.com shall not be liable to you or any third party for any termination of access to the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that LocalAnyDay.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that LocalAnyDay.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LocalAnyDay.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LocalAnyDay.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
LocalAnyDay.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES, CONTENT OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERRORFREE, OR WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF SERVICES, CONTENT OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED.
ANY MATERIAL UPLOADED, TRANSMITTED, ACCESSED, OR DOWNLOADED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND LocalAnyDay.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR THE UPLOADING, POSTING, TRANSMITTAL, OR DOWNLOADING OF CONTENT, FILES, SOFTWARE OR OTHER MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LocalAnyDay.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU AGREEMENT.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LocalAnyDay.COM, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LocalAnyDay.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR FOLLOWING YOUR USE OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
18.EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19.NO THIRDPARTY BENEFICIARIES
This TOU Agreement is not enforceable by or for the benefit of any third-party.
You agree not to display or use in any manner the LocalAnyDay.com marks without LocalAnyDay.com’s express prior permission.
If you are a copyright owner or an agent thereof and believe that any content, information or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of LocalAnyDay.com identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written 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 (f) 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.
Notices of infringement should be directed to the following Designated Agent of LocalAnyDay.com:
If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
Entire Agreement. This TOU Agreement constitutes the entire agreement between you and LocalAnyDay.com and governs your use of the Services, superseding any prior agreements between you and LocalAnyDay.com with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LocalAnyDay.com services, affiliate services, thirdparty content, third-party products or thirdparty software.
Choice of Law and Forum. This TOU Agreement and the relationship between you and LocalAnyDay.com shall be governed by, construed and enforced in accordance with the laws of the State of Nebraska, excluding its conflict of law provisions. You and LocalAnyDay.com agree to submit to the personal and exclusive jurisdiction of the courts located within Lancaster County, Nebraska.
Waiver. The failure of LocalAnyDay.com to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.
Severability. If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
Section Titles. The section titles in this TOU Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this TOU Agreement to the following:
EFFECTIVE DATE: December 1, 2012