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Terms of Use

Last Revision: March 2, 2006


Welcome to LocalOutings. These Terms of Use are intended to make everyone’s use of our site an enjoyable and productive experience. The following terms govern your use of the LocalOutings web site and services:

1. Acceptance of Terms

Your use of LocalOutings tells us you have read and agreed to these Terms of Use (“Terms”). Should you object to any term or condition in these Terms of Use, your only recourse is to discontinue use of LocalOutings. We reserve the right to revise these Terms at any time without notification to you. You understand that you are solely responsible for reviewing the latest Terms from time to time. Your continued use of LocalOutings after we post revised Terms shall constitute your agreement to be bound by the revised Terms.

2. Registration

Registration is required to use some features and services of LocalOutings. You may choose not to register, and therefore not use those particular features and services. If you do register, you accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify LocalOutings immediately of any unauthorized use of your account. You may cancel your user account at any time.

We reserve the right to refuse use of LocalOutings to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

3. Privacy

LocalOutings has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of the Privacy Policy is available at www.localoutings.com/info/privacy. Your use of LocalOutings indicates your acknowledgement of and agreement to our Privacy Policy.

4. User-Provided Content

By providing information to, communicating with, and/or placing material on LocalOutings, including messages, text, images, survey responses, comments, or other materials (“Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide; (2) all information you provide is true, accurate, current, and does not violate these Terms; and (3) the content will not mislead or cause injury to any persons or entity. If you provide quotations or extracted text from content you do not have rights to, you shall provide proper attribution to identify the correct originator of such content.

For any content you submit to LocalOutings, you grant LocalOutings, and its owner Emerald River Software, an irrevocable, perpetual, non-exclusive, royalty-free right and license to use, copy, modify, display, archive, distribute, and create derivative works from such content in any form or technology. You agree that LocalOutings may delete content at any time, for any reason in its discretion.

As a user of LocalOutings, you understand that LocalOutings does not control and is not responsible for Content made available through its web site and services, and that by using LocalOutings you may exposed to content that is inaccurate, misleading, offensive, indecent, or otherwise objectionable.

Content made available through LocalOutings may contain links to other web sites that are completely independent of LocalOutings. LocalOutings makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained on any such web site.

Under no circumstances shall LocalOutings, or its owner Emerald River Software, be liable in any way for any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked to, or otherwise made available through the LocalOutings web site and services.

5. Copyright

All information, content, and software displayed on or transmitted through LocalOutings, as well as its selection and arrangement, is owned by LocalOutings and its owner Emerald River Software. You may use the content on-line only, and solely for your personal non-commercial use. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, and provided you do not remove any trademark or copyright notices from such content.

“LocalOutings”, “DoSeeGo”, and DoSeeGo and LocalOutings logos may not be used without prior written permission. Except as set forth in these Terms, you may not copy, reproduce, distribute, or create derivative works of LocalOutings content and services without express written authorization from LocalOutings. If you operate a web site, you may link to LocalOutings provided you agree to cease such link upon request from LocalOutings.

LocalOutings respects the intellectual property rights of others. If you believe that through LocalOutings your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us through localoutings.com. Filing a notice of infringement with LocalOutings requires compliance with requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.

6. User Conduct

You agree to act responsibly and to treat others with respect. We encourage freedom of speech, but by using LocalOutings you are participating in a community intended for all our users. We reserve the right to remove any content from LocalOutings at any time for any reason in our discretion. Users who exhibit abusive conduct in their use of LocalOutings may have their user account removed or may be blocked from using LocalOutings.

Without limiting our right to remedy abuse, you agree to the following guidelines. You agree not to post, email, or otherwise make available Content that:

  • contains profane, pornographic, abusive, racist, or hateful language or images.
  • is defamatory, threatening, harassing, or violates the privacy rights of any third party.
  • is false, misleading, fraudulent, unlawful, or contains gross exaggeration or unsubstantiated claims.
  • degrades, intimidates, or is unreasonably harmful to any individual or community of people.
  • violates or encourages violation of any municipal, state, federal, or international law or regulation.
  • contains any unsolicited or unauthorized advertising, “spam”, or junk mail.
  • uploads or transmits viruses, spyware, or other harmful, disruptive, or destructive files.
  • discriminates on the grounds of race, religion, national origin, gender, sexual orientation, age, or disability.
  • has misleading email addresses or other manipulated identifiers to conceal its origin.
  • contains personal or identifying information about another person without that person’s explicit consent.
  • disrupts, interferes with, violates the security of, or otherwise harms the LocalOutings web site or services.

Furthermore, you agree not to:

  • impersonate any person or entity or falsely misrepresent your affiliation with another person or entity.
  • attempt to gain unauthorized access to the LocalOutings web site, services, computers, or network.
  • use LocalOutings for any illegal or unauthorized purpose.
  • use automated means, including spiders, crawlers, robots, etc., to download data from LocalOutings.

7. Termination of Service

You agree that LocalOutings in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of LocalOutings (or any part thereof), immediately and without notice, and remove and discard any Content within LocalOutings, for any reason, including, without limitation, if LocalOutings believes that you have acted inconsistently with these Terms. Further, you agree that LocalOutings shall not be liable to you or any third-party for any termination of your access to LocalOutings. Further, you agree not to attempt to use the LocalOutings web site or its services after said termination.

8. Disclaimer and Limitations on Liability

YOU EXPRESSLY AGREE THAT USE OF THE LOCALOUTINGS WEB SITE, SERVICES OR CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICSE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. EMERALD RIVER SOFTWARE AND LOCALOUTINGS’ LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER EMERALD RIVER SOFTWARE, NOR LOCALOUTINGS’ LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EMERALD RIVER SOFTWARE AND LOCALOUTINGS’ LICENSORS AND SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICSE OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL EMERALD RIVER SOFTWARE OR LOCALOUTINGS’ LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR BUSINESS OPPORTUNITY, EVEN IF EMERALD RIVER SOFTARE OR LOCALOUTINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EMERALD RIVER SOFTWARE AND LOCALOUTINGS’ LICENSORS AND SUPPLIERS SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF EMERALD RIVER SOFTWARE AND LOCALOUTINGS’ LICENSORS AND SUPPLIERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICES OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO EMERALD RIVER SOFTWARE OR LOCALOUTINGS, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICES OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOCALOUTINGS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD EMERALD RIVER SOFTWARE AND LOCALOUTINGS’ LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST EMERALD RIVER SOFTWARE OR LOCALOUTINGS ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE.

10. Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to LocalOutings must be filed in a federal or state court located in San Francisco, California, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of LocalOutings to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to LocalOutings, and all other provisions for which survival is equitable or appropriate.
© 2005-2006 Emerald River Software. All rights reserved.