Date Last Revised: August 6th, 2012
a. Hyper Local Media, Inc. (“Hylo”) under the Locable (Locable.com) brand and its affiliated business partners own and operate the website, through which it offers various services and software (the Site, services and software are collectively referred to as the “Service” or “Services”).
2. RESTRICTIONS ON USE OF THE SERVICES
a. Prohibited Activities.
(1) You may not do any of the following to the Services:
(i) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor the Site or a portion of the Site, including business listings, addresses, and phone numbers; calendar and community events; news listings; or any other data pertaining to the Service, without Hylo’s prior written consent, which consent may be withheld for any reason;
(ii) Use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Hylo server, or the network(s) connected to any Hylo server, or interfere with any other party’s use and enjoyment of the Services;
(iii) Disobey any applicable policies or regulations of networks connected to the Services;
(iv) Modify, adapt, translate or reverse engineer the Services;
(v) Frame the Services or reformat them in any way; or
(vi) Create user accounts using any automated means or under false pretenses.
(2) You may not use the Services to do any of the following:
(i) Harass or advocate harassment of another person or entity;
(ii) Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
(iii) Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
(iv) Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
(v) Transmit unsolicited mass mailings or “spam;”
(vi) Collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users; or
(vii) Transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
b. Content You Post to the Services.
(1) You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
(i) Is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
(ii) Is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
(iii) Is illegal;
(iv) Is tortious, defamatory, libelous or invasive of another’s privacy or publicity rights;
(v) Infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
(vi) You do not have a right to make available under law or contractual or fiduciary relationships;
(vii) Includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
(viii) Bears any false, disguised or misleading origin; or
(ix) Contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
(2) All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.
(3) Hylo reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove or modify any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.
c. Other Restrictions.
(1) You understand that some of the Services may be offered to the public free of charge; however, Hylo reserves the right to restrict access to the Services or any portion thereof to Authorized Users. “Authorized Users” means an individual subscriber or subscribers with a subscription to the Services.
(2) To the extent that you use or connect to any third party messaging services and/or content delivery systems through the Services, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS
a. You understand that the Services act only as a news sharing, business directory and community events listing tool and as a technical interface between community magazines and their readers and that Hylo does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Hylo. Hylo cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.
b. You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.
4. LICENSE AND CONFIDENTIAL INFORMATION
a. By sending messages or posting information or content to the Services, or submitting messages to Hylo about the Service, including but not limited to photos, images, feedback, suggestions, or ideas about the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Hylo an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works or the Service, such information and content, and to grant and authorize sub-licenses of the foregoing.
b. No information or content of any kind that you submit to Hylo, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.
5. COPYRIGHT AND TRADEMARK INFORMATION
a. Copyright Notice: Copyright © 2010-2011 Hyper Local Media, Inc. All Rights Reserved.
b. “Hyper Local Media,” “Community Magazine Network,” and “Locable” are trademarks of Hyper Local Media, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.
6. COPYRIGHT POLICY
a. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Hylo infringe your copyright, you, or your agent may send to Hylo a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Hylo actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Hylo a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Please visit http://www.loc.gov/copyright for details.
b. Hylo’s copyright agent for notice of claims of copyright infringement or counter notices can be reached as follows:
Tolis Dimopoulos, Esq.
Sophos Law Firm, PLLC
1037 N.E. 65th Street, Suite 211
Seattle, Washington 98115
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
8. THIRD PARTY WEBSITES, SERVICES, AND CONTENT
a. The Services may contain links to third-party sites that are not under the control of Hylo, and Hylo is not responsible for nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Hylo endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found 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 third party. Hylo is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
b. In addition, links to advertising that has not been approved by Hylo may be embedded in third party content displayed on the Services. Hylo is not responsible for any content, cookies, or other technology used in connection with such advertising.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES
a. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND HYLO HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, HYLO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Hylo’s warranties shall be limited in those jurisdictions to the extent permitted by law.
b. IN NO EVENT SHALL HYLO BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFIT, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES, EVEN IF HYLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HYLO’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Hylo’s liability shall be limited in those jurisdictions to the extent permitted by law.
c. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Hylo assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
d. Hylo may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.
c. If you registered for the Site or Services, any notices that we send will be sent to you by email at the email address you provided when you registered for an account or socially signed on, or other email address in your profile.
13. GENERAL INFORMATION
b. By accessing the Services you agree that the statutes and laws of the United States and the State of Washington, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in King County in the State of Washington, and you consent to the personal jurisdiction of those courts.
14. DIRECTORY SERVICES.
You must be the rightful owner, manager or authorized representative of the company in question.
Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted.
You may create separate logins for as many people as your plan allows.You are responsible for maintaining the security of your account and password.
Hylo and our Affiliates cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one free account.You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle or your billing cycle will be adjusted accordingly.Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Hylo does not accept any liability for such loss.
You are solely responsible for properly modifying or cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by signing in to an Affiliate Site, clicking Profile then the Company Name and Change Subscription Plan.
Hylo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to Locable.com or a Locable Affiliate Site, via email or the Service itself.
Hylo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All posted content on the Service is must comply with U.S. copyright law.
Hylos does not pre-screen Content, but Hylo and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Locable & Affiliate Contest & Sweepstakes
OFFICIAL RULES NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Contests & Sweepstakes (“Promotion”) are open only to legal residents in the location specified on the contest in question; must be 18 years of age or older at time of entry. Employees, officers and directors of the Promotion Sponsors (“Sponsor”), its parent company, subsidiaries, affiliates, advertising and promotion companies; the immediate families (defined as one’s spouse, one’s parents, children, siblings and their respective spouses), regardless of where they live, of such employees/officers/directors; and those domiciled with any of the foregoing (whether related or not) are not eligible to enter the Sweepstakes or win a prize. Void where prohibited. Subject to applicable Federal, State, local and municipal laws and regulations.
2. PROMOTION PERIOD: This Promotion start and end time (“Promotion Period”) are to be listed on the Promotion page in question. All times shall be Pacific Time unless the Promotion Page stipulates otherwise.
3.ENTRY. Limit one entry per household unless the Promotion states otherwise, in either case only one winner per household. Any attempt by any participant to violate the entry rules by using multiple/different addresses, email addresses/identities or any other methods will void that participant’s entries in excess of the first entry received. No form of entry other than as stated in these Official Rules will be accepted.
4. SELECTING A WINNER. Winner(s) will be selected per the instructions on the Promotion page. Winner Notification: Potential winner(s) will be notified by email within 14 days after drawing or as specified on Promotion page.
Prizes and their values are noted on the Promotion page. There is unlimited availability online to participate, odds of winning depend on number of eligible entries received. All prizes will be awarded. Contests may be sponsored, Sponsors will be identified on the Promotion page and fulfillment of prizes will be the exclusive responsibility of the Sponsors.
6. PRIZE CONDITIONS. Prize is not transferable unless stated on the Promotion page. No prize substitution or cash equivalent of advertised prize or any prize component except at the sole discretion of Sponsor, for a prize/prize component of equal or greater value, due to unavailability of advertised prize/prize component for any reason. If a potential winner cannot accept the prize as stated, the prize will be forfeited in its entirety and awarded to an alternate winner. Winner is solely responsible for any state, local and/or federal taxes on prize. Any expenses not specified herein related to acceptance or use of prize, are the winner’s sole responsibility. Sponsor, Locable or the hosting Locable Affiliate reserves the right to permanently disqualify from the Sweepstakes any person it believes has violated these official rules. All potential prizewinners hereby affirm their eligibility and release Locable, it’s Affiliate and Sponsor from any liability associated with participation in the Promotion or in fulfillment of the prize. In the event of noncompliance with this requirement or if prize/prize notification is returned as undeliverable, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules such prize will be forfeited and awarded to an alternate winner.
7. GENERAL TERMS/RELEASES. By participating, entrant (a) agrees to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Submission of an entry into the Contest constitutes the entrant’s agreement to waive, release and discharge Sponsors, all of their officers, employees, agents, successors and assigns from any and all claims, demands, causes of action and liabilities (including without limitation costs and attorney fees) (collectively, “Claims”), known or unknown, that the entrant may have or claim to have in connection with, relating to or arising out of (a) the use or publication of intellectual property or specific personal information submitted with or as part of the Contest entry, unless and to the extent the relevant use or publication results from the willful misconduct of Sponsors, (b) the nature and content of Contests, the ability or inability of individual entrants to access Internet websites email addresses or other information relating to Contests at any time and for any reason, and (d) acceptance, possession or use of Prizes won as a result of participating in Contests. Entrants accept full responsibility for and agree to fully indemnify Sponsors, Locable and Locable Affiliate against any and all Claims arising out of or relating to the substance and content of their Contest entries.
No Warranties: Sponsors and their officers, employees, agents, representatives, affiliates, advertisers and sponsors accept no liability and make no representations or warranties, express or implied, with respect to any aspect of the Contest, including without limitation (a) Contest prizes and awards, (b) the form, substance and content of entries, including without limitation entries containing false or inaccurate information, c) entries which fail to comply with Contest guidelines, Official Rules, Contest Specific Rules or applicable law, (d) entries which may be lost, incomplete, illegible, damaged, submitted after applicable deadlines or not received, regardless of the reason or justification for damage, destruction, deletion or failure of delivery, (e) technical errors or malfunctions, whether or not caused by or originating with Sponsors’ equipment, (f) the functionality of the Internet, email servers or websites, (g) loss, injury or damage of any kind caused by, resulting from or arising out of any Contest, entry, prize or related matter, to the maximum extent permitted by law. Entrants accept sole and complete responsibility for making sure Contest entries are received in an appropriate form and timely manner.
By accepting a prize, each winner agrees to the Sponsor’s use of his/her name, address (city, state), photograph, likeness or other indicia of identity for advertising, trade or publicity purposes, at any time, in perpetuity, in all media now known or hereafter discovered or devised, Worldwide, including but not limited to the World Wide Web and Internet, and any and all rights to said use, without notice, review or approval, or further compensation, except where prohibited by law.
8. VIOLATION OF TERMS – CHEATING. Should any portion of the Promotion be, in Locable’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Locable are not responsible for any incorrect or inaccurate information, whether caused by Web site users, or any web site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to or use of this Web site or any website. Locable are not responsible for typographical or other errors in the offer or administration of this Promotion, including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of the winners or the distribution of the prizes. In case of dispute, the authorized subscriber of the e-mail account used to enter the Promotion at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses. If the dispute cannot be resolved to the satisfaction of the Sponsor the persons in dispute will be disqualified, and the prize will be forfeited and awarded to an alternate winner. Anyone found attempting to defraud Administrator and/or Sponsor in any way will be disqualified and may be prosecuted to the full extent of the law.
10. DISPUTE RESOLUTION/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate California State Court. (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Locable in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. WINNER’S LIST. Winners will be announced on the Locable Affiliate website, their Facebook page and potentially additional venues.
Void Where Prohibited. All Promotions are subject to applicable law and void where prohibited by law.