Terms Of Service
Thanks for being a Local Tourist! Here are some things you should know before you get started:
1. ACCEPTANCE OF TERMS; DESCRIPTION OF SERVICES
These Terms of Service ("TOS") between you and The Local Tourist govern your access to and use of the services and TLT websites (as identified by "The Local Tourist" in the banner or footer of such websites and corresponding URLs) and which may be accessed via various existing or future media or devices (the "TLT Services").
By accessing or using TLT, you agree to be bound by this TOS. If you are a member of the TLTeam this TOS incorporates by reference the TLTeam Contributor Agreement and Payment Policy (collectively, the "TLT Agreements").
2. CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials whether publicly displayed or privately transmitted on TLT ("Content") are the sole responsibility of the person or entity from whom such Content originated. The Content is intended for your personal, noncommercial use. All materials posted on TLT are protected by copyright and are owned or controlled by TLT or the party credited as the provider of the Content. You must abide by all copyright notices and any other terms restricting your use of any Content.
The TLT Services, including any Content, is protected by copyright under U.S. and international copyright laws. You may not publish, reproduce (except as permitted in the next sentence), transmit, participate in the sale or transfer of, create new works from, distribute, perform, display, or in any way exploit any of TLT, including Content, in whole or in part. You may copy or download Content for personal, noncommercial use only, provided that you maintain all copyright notices and other restrictive notices contained on such Content. Copying or storing any Content for any nonpersonal use is expressly prohibited without prior written permission from TLT.
Content is owned by or licensed to TLT. TLT does not guarantee the accuracy, integrity, or quality of Content, including that originating from its licensors, and you understand that by using TLT that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. TLT will, under no circumstances, be liable for any Content, including Content errors or omissions, or any loss or damage of any kind, including financial or trading losses, resulting from the use of any Content made available via TLT.
3. USER-GENERATED CONTENT
You acknowledge and agree that any content that you upload, post, email, transmit, or otherwise make available to TLT including comments, forum or board messages, reviews, shared activities, and updates ("User-Generated Content" or "UGC") may be edited, modified, removed, published, transmitted, or displayed by TLT and that you hereby waive any rights you may have regarding your UGC being altered or manipulated in any way that may be objectionable to you. You further agree that by submitting UGC that you consent to its display on TLT, and for any related promotional use, whether on TLT or on other websites or in other media. You also understand and agree that UGC includes content submitted by you that are transmitted to TLT via your TLT updates from other TLT owned and operated sites, and that UGC may be shared via TLT via RSS feeds or other API-enabled feeds or updates.
Subject to the terms and conditions of this TOS, you hereby grant TLT a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the UGC, including without limitation the right for TLT or any third party TLT designates, to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, any UGC submitted by you on or via TLT or any other website owned or operated by TLT.
You may not upload, post, email, transmit, or otherwise make available any UGC that:
a. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harms minors in any way;
c. impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the TLT Service;
e. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party.
You also may not upload, post, email, transmit, or otherwise make available:
a. any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
b. any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
You also many not:
a. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of TLT are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
b. interfere with or disrupt TLT or servers or networks connected to TLT, or disobey any requirements, procedures, policies, or regulations of networks connected to TLT, including using any device, software, or routine to bypass our robot exclusion headers;
c. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
d. provide material support or resources (or to 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;
e. "stalk" or otherwise harass another;
f. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above; or
g. circumvent, or attempt to circumvent, by any means, any CAPTCHA controls or other identity-verification controls implemented by TLT.
You are solely responsible for your UGC, and while TLT does not and cannot review all UGC and is not responsible for such UGC, TLT reserves the right to delete, move, or edit UGC that it, in TLT's sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
4. UNSOLICITED SUGGESTIONS TO TLT
Notwithstanding the terms of Section 3, by submitting ideas, suggestions, documents, or proposals ("Unsolicited Suggestions") to TLT through its suggestion or feedback pages, you acknowledge and agree that: (a) your Unsolicited Suggestions do not contain confidential or proprietary information; (b) TLT is not under any obligation of confidentiality, express or implied, with respect to the Unsolicited Suggestions; (c) TLT shall be entitled to use or disclose (or choose not to use or disclose) such Unsolicited Suggestions for any purpose, in any way, in any media worldwide; (d) TLT may have something similar to the Unsolicited Suggestions already under consideration or in development; (e) your Unsolicited Suggestions automatically become the property of TLT without any obligation of TLT to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TLT under any circumstances.
5. TLT CONTRIBUTORS; YOUR REGISTRATION OBLIGATIONS
TLT Contributors. "TLT Contributors" are individuals who wish to submit original articles to TLT for publication on TLT. Once you register successfully as a TLT Contributor, content that you submit via the submission process that may include any technology, designs, articles, written expressions, materials, content, graphics, data, information, images, photographs, art, illustrations, animations, video, audio, or audio/visual work, music, text, and/or any works of authorship that You provide to TLT hereunder, whether or not eligible for patent, copyright, trademark, trade secret, or other legal protection ("Submissions") is subject to the terms of the TLTeam Contributor Agreement (“TCA”) and Payment Policies. The TCA and TLT Licenses are collectively referred to as the "Contributor Licenses," and as a reminder, these Contributor Licenses are incorporated into and made part of this TOS.
Registration Data: To register as a TLT Contributor and in consideration of your use of TLT, you represent that you can form a binding contract and are not a person barred from receiving TLT under the laws of the United States or other applicable jurisdiction. You also agree that during the TLT registration process and thereafter that you will provide and maintain true, accurate, current, and complete information about yourself (the "Registration Data"). You may not create a member ID with the intent to impersonate another person, nor may your member ID contain offensive language. If TLT, in its sole discretion, believes that you have not complied with the terms of this paragraph, then TLT may suspend or terminate your account and refuse any and all current or future use of any part or all TLT by you.
Your Account and Password; Security
When you register, you will select a password for your TLT account. You are solely responsible for maintaining the confidentiality of your password and account. You must notify TLT immediately of any suspected unauthorized use of your password or account or any other breach of security. You are also fully responsible for all activities that occur under your password or account, and any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account and you may be referred to law enforcement agencies, at TLT's sole discretion. TLT cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Conduct; DRM
You acknowledge, consent and agree that TLT may access, preserve, and disclose your Registration Data and related account information, and your UGC or Submissions, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any UGC or Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of TLT, its users, and the public.
You understand that TLT and software embodied within TLT may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by TLT and/or content providers who provide content to TLT. You may not attempt to override or circumvent any of the usage rules embedded into TLT. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on TLT, in whole or in part, is strictly prohibited.
6. TLTEAM
You may be selected by TLT, at TLT's sole discretion, to participate in the TLTeam (the "TLTeam"). You agree to comply with the TLTeam guidelines that are posted on TLT or otherwise made available to you. You further agree and acknowledge that your participation in the TLTeam is voluntary, without guarantee of compensation of any kind, and will not create any employment relationship between you and TLT. You may terminate your participation in the TLTeam at any time, and TLT may, without notice to you, terminate your participation in the TLTeam at any time. You understand that TLT may from time to time change the TLTeam guidelines or terminate the TLTeam in its entirety at any time in its sole discretion.
7. INTERSTATE NATURE OF COMMUNICATIONS ON TLT NETWORK
By using TLT to send electronic communications, you will cause communications to be sent through TLT's computer networks, portions of which are located across the U.S. in various states and in locations in other countries. As a result, communications that may appear to be intrastate in nature may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that your use of TLT results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Use of TLT and transfer, posting, and uploading of software, technology, and other data via TLT may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations and any applicable local rules regarding online content. You hereby (a) agree to comply with all applicable export and import laws and regulations and any applicable local rules regarding online content; (b) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via TLT to parties identified on such lists; (c) agree not to use TLT for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; and (d) agree not to transfer, upload, or post via TLT any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.
9. INDEMNITY
You agree to indemnify and hold The Local Tourist and its subsidiaries, affiliates, 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 your UGC, your Submissions, your use of TLT, your connection to TLT, your violation of the TOS, or any other agreement incorporated thereto, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TLT may establish general practices and limits concerning use of TLT, including the maximum number of days that uploaded Content will be retained by TLT and the maximum number of times (and the maximum duration for which) that you may access TLT. TLT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by TLT. TLT may log off accounts that are inactive for an extended period of time. TLT reserves the right to modify these general practices and limits from time to time. Your agreement to this TOS constitutes your consent to allow TLT to store these communications on its servers.
11. TERMINATION
TLT may, without prior notice and at its sole discretion, immediately terminate, limit your access to, or suspend your TLT account and access to TLT, for no reason or for cause which may include your breach of the TOS. TLT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to TLT.
Termination of your TLT account includes any or all of the following: (a) removal of access to all or part of the offerings within TLT, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of TLT.
Perpetual licenses granted by you to The Local Tourist per the TCA will remain in full force and effect, including applicable payment obligations by The Local Tourist to you.
12. DEALINGS WITH ADVERTISERS AND PRODUCT REVIEWS
Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through TLT, 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. You agree that TLT 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 on TLT.
Product Reviews. You agree that should you accept a retail product or other good from a manufacturer, promoter, or any individual or entity representing such product with the expectation that you will review or comment upon such product that such review or any statements made by you regarding such product will be true, accurate, and based on your personal experience. You also understand and agree that you are solely responsible for, and may be liable for, any false or misleading claims you make about the product, its manufacturer or promoter, and that you will review and adhere to any particular restrictions or guidelines regarding product reviews that are set forth by TLT. Finally, when promoting your Submission, you must clearly disclose as applicable the type and extent of your connection to the product manufacturer or promoter, and such disclosure must also comply with any terms set forth by TLT.
13. LINKS
The TLT Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that TLT 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 TLT 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.
14. TLT'S PROPRIETARY RIGHTS
You acknowledge and agree that TLT contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through TLT or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by TLT or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on TLT or its Content, in whole or in part.
15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE TLT SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TLT SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TLT AND ITS SUBSIDIARIES, AFFILIATES, 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
b. TLT AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE TLT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TLT SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TLT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TLT SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TLT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TLT OR THROUGH OR FROM THE TLT SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. 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 TLT SERVICE. 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 TLT SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TLT SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TLT SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TLT AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 TLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TLT SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TLT SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE TLT SERVICE.
17. 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 15 AND 16 MAY NOT APPLY TO YOU.
18. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
19. NOTICE
TLT may provide you with written notices to the email or mailing address provided by you in your Registration Data. TLT is not responsible for damage or losses that may be incurred by you as a result of your failure to receive such notices due to inaccurate or incomplete Registration Data, spam filters, or your lack of internet access.
20. TRADEMARK INFORMATION
You agree that all of TLT's trademarks, trade names, service marks, and other TLT logos and brand features and product and service names are trademarks and the property of TLT (the "TLT Marks"). You agree not to display or use in any manner the TLT Marks without TLT's prior permission.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
TLT respects the intellectual property of others, and we ask our users to do the same. TLT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
22. GENERAL INFORMATION
Entire Agreement. This TOS, which incorporates by reference the Privacy Policy, TCA, Contributor Licenses, and any applicable Guidelines, constitutes the entire agreement between you and TLT and governs your use of TLT, superseding any prior version of this TOS between you and TLT with respect to TLT.
Choice of Law and Forum. You and TLT each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and TLT, shall be brought exclusively in the courts located in the county of Cook, Illinois, or the U.S. District Court for the Northern District of Illinois. You and TLT agree to submit to the personal jurisdiction of the courts located within the county of Cook, Illinois, or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of TLT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Nontransferability. You agree that your TLT account is nontransferable and any rights to your TLT ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate or as otherwise permitted per the terms of this TOS, your account may be terminated and all associated Content or UGC may be permanently deleted. Notwithstanding the foregoing, in the event that you have, subject to the TCA, a) contributed Submission(s) to TLT and b) have properly established a means for receiving payments per the Payment Policy, then upon receipt of documentation sufficient, in TLT's sole reasonable discretion, to establish a beneficiary to your estate that includes rights to your TLT account, then TLT will effect the transfer of your TLT account limited solely to receipt of payments due and specifically excludes any rights to edit existing Submissions, create new Submissions or modify Registration Data.
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 TLT or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. VIOLATIONS Please report any violations of the TOS to customerservice@thelocaltourist.com
