LocalBuzz Terms of Service

December 1, 2020

Welcome to LocalBuzz (“LocalBuzz” or “we”). The following terms of use for this mobile application (“App”) and website (“Site”), together with the Privacy Policy (collectively “Terms”), govern your access to and use of LocalBuzz and any related content and services offered therein (collectively, the “Services”).

Please read the Terms of Service carefully before you start to use the App or Site. These Terms contain a binding arbitration clause and a waiver of class action rights. BY USING THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, LocalBuzz grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.

LOCALBUZZ, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY APP OR SITE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, AND HYPERLINKED WEBSITES.

LOCALBUZZ, ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SERVICES.

LocalBuzz makes no guarantees whatsoever as to the correctness or accuracy of the Services or any content hosted within the Services. The Services may include inaccuracies or errors, and that additions, deletions, and alterations will be made to the Services by users. In the event that an inaccuracy arises, please inform us through the designated tools within the Services so that we can correct it. Information contained on the Service may be changed and/or updated without notice.

You are solely responsible for any content you contribute to LocalBuzz, and retain all rights to such content. By posting content, you grant LocalBuzz and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your content for any purpose determined by LocalBuzz. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Services (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by LocalBuzz. LocalBuzz logos and any associated trademarks and service marks appearing on the Services are property of LocalBuzz or are used with permission of the owner. You agree not to display or use such marks without LocalBuzz’s prior written permission. LocalBuzz disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Services are intended for personal use by the users of the Services and may not be used except as permitted in these Terms of Use. In the event that a post contains commercial content, Localbuzz reserves the right to remove, suppress, or charge advertising fees in order to promote the commercial content. No right, title or interest in any downloaded materials or content is transferred to you as a result of any downloading or copying. Except as expressly permitted herein, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Services without the prior written consent of LocalBuzz or the owner of such material. Nothing contained on the Services grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on the Services without the prior written consent of LocalBuzz or the owner of such material. All rights not expressly granted herein by LocalBuzz to you are reserved by LocalBuzz and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

You may not engage in any of the following activities when accessing or otherwise using the Services:

• Contribute content that is racist, defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains pornography.
• Contribute content that includes the illegal consumption of drugs, alcohol, or tobacco.
• Market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation without the express written permission of LocalBuzz.
• Post political advertising of any kind in support of an electoral candidate or electoral ballot measure, even in cases where a post is promoted or endorsed by a candidate or sponsor of an electoral measure.
• Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
• Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services by hacking, password “mining” or any other illegitimate means.
• Probe, scan or test the vulnerability of the Services nor breach the security or authentication measures on the Services or any network connected to the Services.
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or any other person’s use of the Services.
• Use the Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of LocalBuzz or others.
• Use the Services for any abusive or illegal purpose, or harm other Services users in any way. LocalBuzz reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
• Infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy (including falsely misrepresenting another person).
• Use the Services in a way that may undermine the purposes of the Services, such as writing or soliciting misleading content updates or content reviews.
• Post any content that, in the sole judgment of LocalBuzz, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose the Services or its users to any harm or liability of any type.

We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

LocalBuzz does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.

The Services may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users. LocalBuzz is not responsible for and does not endorse the content of such Linked Sites, including but not limited to any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink does not mean that LocalBuzz endorses or accepts any responsibility for the content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

All copyrights to elements and graphics are retained by LocalBuzz with all rights reserved. No other use is hereby authorized. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. LocalBuzz may remove any user content that infringes another person’s copyright protections. In addition, LocalBuzz may suspend or terminate accounts for multiple copyright violations, or other third party violations of the Terms of Service.

LocalBuzz respects and expects its users to respect the rights of copyright holders. On notice, LocalBuzz will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit LocalBuzz to locate the material; (d) information reasonably sufficient to permit LocalBuzz to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, LocalBuzz designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

Report of Copyright Infringement

2550 E Rose Garden LN #71733
Phoenix, AZ 85050

By using the Site, you acknowledge and agree to our privacy policy at www.localbuzz.co/privacy In addition, please note that any message or information you send to the Site may be read or intercepted by others.

You agree to indemnify, defend and hold LocalBuzz, its affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Site.

You agree that LocalBuzz may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to LocalBuzz for which monetary damages would be inadequate, and you consent to LocalBuzz obtaining any injunctive or equitable relief that LocalBuzz deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies LocalBuzz may have at law or in equity.

If LocalBuzz does take any legal action against you as a result of your violation of these Terms, LocalBuzz will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to LocalBuzz. You agree that LocalBuzz will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules that would give rise to application of the substantive law of another jurisdiction. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in San Francisco County in the State of California, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. LocalBuzz reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

These Terms of Use constitute the entire agreement between LocalBuzz and you pertaining to the subject matter of this Agreement. In its sole discretion, LocalBuzz may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.