LocalBuzz Media Ltd (an Irish company)
the user of this website ("You" or "Your")
Last Updated on 21 January, 2011
1. Using LocalBuzz! – general requirements
1.1 LocalBuzz Media will make LocalBuzz! available to You on the terms and conditions of this Agreement.
1.2 You may use LocalBuzz! in accordance with this Agreement, including the licence granted in clause 3.
1.3 LocalBuzz Media takes the accuracy of its Database very seriously. If You see any material on LocalBuzz! which:
(a) infringes any law, regulation, standard or relevant industry code;
(b) breaches the requirements of this Agreement; or
(c) is incorrect,
please let us know as soon as possible by contacting us via the Contact Us section at the LocalBuzz website.
1.4 LocalBuzz! contains User created content and Third Party Content. Except as otherwise indicated, we do not endorse, sponsor or approve any business listed on LocalBuzz!, any User generated content, any Third Party Content or the products or services offered by any business listed on LocalBuzz!.
1.5 Automated access to LocalBuzz! by or on behalf of internet search engines is permitted.
1.6 Subject to clauses 1.5, You must not and must not assist others to:
(a) access LocalBuzz! other than through the normal LocalBuzz! web interface;
(b) access LocalBuzz! through any automated means (including, without limitation, through the use of scripts or webcrawlers);
(c) use LocalBuzz! if You are a competitor of ours or if You have previously been barred from using it, any other "LocalBuzz!" branded website or any other website operated by LocalBuzz Media;
(d) infringe or violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(e) impersonate or falsely state or misrepresent an affiliation with any person or organisation;
(f) use LocalBuzz! or any information contained on LocalBuzz! in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;
(g) violate (or cause LocalBuzz Media to violate) any applicable law, regulation, standard or relevant industry code;
(h) sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on LocalBuzz! which does not form part of Your Business Listing;
(i) supply any service through LocalBuzz!, other than through off-line commercial activity generated by the Business Listing for Your own business (being activity which takes place off the internet or off the LocalBuzz! website);
(j) promote a business or other commercial venture or event, or otherwise use LocalBuzz! for commercial purposes, except in connection with a Business Account and as expressly permitted by LocalBuzz Media;
(k) violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or writing a review that You were paid for either directly or indirectly by the business being reviewed;
(l) threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
(m) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the search results of LocalBuzz! or any third party website; or
(n) solicit personal information from minors, or submit or transmit pornography.
1.7 Subject to clauses 1.4 and 1.6, You also must not and must not assist others to:
(b) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit LocalBuzz! or Site Content (other than Your Content), except as expressly authorized by LocalBuzz Media;
(c) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of LocalBuzz! or any Site Content;
(d) reverse engineer any portion of LocalBuzz!;
(e) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of LocalBuzz! or on any materials printed or copied from LocalBuzz!;
(f) record, process, or mine information about other Users;
(g) access, retrieve or index any portion of LocalBuzz! for purposes of constructing or populating a searchable database of business reviews;
(h) reformat or frame any portion of LocalBuzz!;
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on LocalBuzz!’s technology infrastructure or otherwise make excessive traffic demands of LocalBuzz!;
(j) attempt to gain unauthorized access to LocalBuzz!, user accounts, computer systems or networks connected to LocalBuzz! through hacking, password mining or any other means;
(k) use LocalBuzz! or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, spyware, malicious software programs or other items of a destructive nature;
(l) use any device, software or routine that interferes with the proper working of LocalBuzz!, or otherwise attempt to interfere with the proper working of LocalBuzz!;
(m) use LocalBuzz! to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, LocalBuzz! or Site Content; or
(n) remove, circumvent, disable, damage or otherwise interfere with any security-related features of LocalBuzz!, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of LocalBuzz!.
1.8 You acknowledge and agree that LocalBuzz Media retains complete editorial control over LocalBuzz! and that LocalBuzz Media may, in its sole discretion and without notice to You:
(a) reject, remove, delete or amend any material contained on LocalBuzz! or in the Database at any time, including (without limitation) any material contained in any Business Listing;
(b) reject, refuse, remove, delete or amend any Content at any time;
(c) position Content and/or any Business Listing as it sees fit; and
(d) stipulate other conditions to ensure that the commercial nature of Content is clear.
1.9 LocalBuzz Media reserves the right to modify, update, suspend, discontinue or disable LocalBuzz! or any part of LocalBuzz! (on a permanent or temporary basis) at our sole discretion, at any time, for any reason, and without notice or liability.
1.10 LocalBuzz Media may terminate this Agreement, remove Your Business Listing and/or refuse You access to LocalBuzz! if You have breached, or we consider that You will breach, this Agreement or for any other reason that LocalBuzz Media, in its sole discretion, sees fit.
1.11 You acknowledge and agree that certain Business Listings on LocalBuzz! may have been paid for by a business and will therefore be displayed before free Business Listings in the relevant search results.
2. User Accounts
2.1 You acknowledge and agree that You must create an account and provide certain information about yourself in order to use some of the features that are offered on LocalBuzz!.
2.2 You are responsible for maintaining the confidentiality of Your account password.
2.3 You are also responsible for all activities that occur in connection with Your account.
2.4 You agree to notify us immediately of any unauthorized use of Your account.
2.5 We reserve the right to close Your account at any time for any or no reason.
2.6 There are two types of accounts:
(a) A Personal Account is an account for Your personal, non-commercial use only.
(i) In creating a Personal Account, You agree to provide complete and accurate information about Yourself to bolster Your credibility as a contributor to LocalBuzz!.
(ii) You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than Yourself, provide an email address other than Your own, or create multiple Personal Accounts.
(iii) If You use a pseudonym, take care to note that others may still be able to identify You if, for example, you include identifying information in Your reviews, use the same account information on other sites, or allow other sites to share information about you with LocalBuzz!.
(b) A Business Account is an account to be used solely for the purpose of representing Your business in connection with LocalBuzz!.
(i) In creating or updating a Business Account, You must be an authorized representative of the business in question, and You must provide complete and accurate information about Yourself and the business You represent, including an unobstructed photo of yourself to be displayed in connection with Your Business Account.
(ii) You may not provide an email address that is not Your own.
(iii) If You are no longer an authorized representative of the business in question, You must close your Business Account immediately.
2.7 By creating an account, You agree to receive certain communications in connection with LocalBuzz!. For example, You might receive compliments or friend requests from other Users. You may also receive an e-mail newsletter about happenings in Your neighborhood. You can opt-out of non-essential communications if you wish.
3.1 You may use LocalBuzz! to add, amend and/or update a Business Listing or other Content, solely on the terms and conditions of this Agreement.
3.2 All Content must:
(a) be complete and accurate;
(b) be supplied in the manner and format specified on LocalBuzz! or as otherwise directed by LocalBuzz Media;
(c) not be of a nature likely to bring LocalBuzz! or LocalBuzz Media into disrepute; and
(d) comply with all laws, regulations, standards and relevant industry codes.
3.3 You must not:
(a) use LocalBuzz! to post Content for a business that is not located in the country appropriate to the domain;
(b) use LocalBuzz! to add or amend a Business Listing where You do not have the express authorisation of that business to do so;
(c) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
(d) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;
(e) infringe the intellectual property rights of others; or
(f) breach a law including, without limitation, any law that restricts advertising of a profession.
3.4 If any of the information in the Business Listing for Your business or any other Content you have provided changes, becomes out of date, or no longer complies with this Agreement, You must:
(a) immediately amend Your Business Listing or Content so that it complies with this Agreement; and/or
(b) immediately notify LocalBuzz Media.
3.5 You acknowledge and agree that by posting Content onto LocalBuzz! You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from LocalBuzz Media or any LocalBuzz Media authorised third party.
3.6 You must provide LocalBuzz Media with a copy of the authorisation described in clause 3.3(b) on request.
3.7 LocalBuzz! reserves the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to You. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide You with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
4. Intellectual Property Rights
4.1 LocalBuzz! and the Database are owned and operated by LocalBuzz Media. You acknowledge and agree that all intellectual property rights comprised in or relating to LocalBuzz! including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of LocalBuzz! and the Database belong to LocalBuzz Media or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.
4.2 You may download and view content and/or print a copy of material on LocalBuzz! for Your own use only, provided You do not:
(a) modify the content (including, without limitation, any copyright notice) in any way except as is allowed for within LocalBuzz!;
(b) make the content public; or
(c) use the content in a manner or for a purpose prohibited by this Agreement.
4.3 You must not do anything which breaches or otherwise interferes with LocalBuzz Media's intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on LocalBuzz! without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via the Contact Us section on the LocalBuzz! website.
4.4 We may publish and communicate to the public any Content. By posting Content onto LocalBuzz!, You grant us a perpetual, royalty-free, sublicensable, non-exclusive, irrevocable, worldwide and transferable licence to:
(a) reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on LocalBuzz! and as part of the Database; and
(b) permit any other person to do any of the things referred to in paragraph (a), (Licence).
4.5 You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause 4.5, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.
4.6 For the avoidance of doubt, You acknowledge and agree that:
(a) the Licence includes a right for us to:
(i) make the Content available to other companies, organisations or individuals with whom we have a relationship for the provision of services and to use such Content in the provision of those services;
(ii) make the Content available to the public via any website or as part of any services or products in any jurisdiction;
(b) we will allow LocalBuzz! users to search Content You have posted; and
(c) You will do everything necessary (including without limitation, on request, execution of any documents) to give LocalBuzz Media the full benefit of the licences, waivers and consents set out in this clause 4.
4.7 The Licence will survive any termination of this Agreement.
4.8 Your use of some Third Party Content (including, without limitation, third party websites linked to LocalBuzz!) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on LocalBuzz!) constitutes a licence or right for You to use such content.
5.1 LocalBuzz! and its licensees may publicly display advertisements and other information adjacent to or included with Your Content.
5.2 You are not entitled to any compensation for such advertisements.
5.3 The manner, mode and extent of such advertising are subject to change without specific notice to You.
(a) take action regarding suspected illegal activities;
(c) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
(d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If You use LocalBuzz!, You consent to having Your personal data transferred to and processed in Ireland or elsewhere as LocalBuzz Media deems appropriate.
(b) where possible, have that person provide us with that personal information directly.
6.4 You represent that you have read and understood our Content Guidelines.
7.1 You represent and warrant to LocalBuzz Media that:
(a) You are fully authorised to publish and to authorise LocalBuzz Media to publish all Content (including, without limitation, having full authorisation from any business whose Business Listing You add, amend or update);
(b) You are least 18 years of age and have the legal capacity to enter this Agreement;
(c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
(d) You have the ability to grant the Licence;
(e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;
(f) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;
(g) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
(h) You have obtained the consent of all individuals whose personal information is included in the Content to:
(i) the collection of that personal information by LocalBuzz Media; and
(i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of LocalBuzz!; and
(j) each website represented by any URL shown or embedded in the Business Listing for Your business:
(i) is controlled and operated by Your business or its independent contractor;
(ii) will be functional and accessible at all times; and
(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to LocalBuzz!.
(k) You understand and accept that Your use the LocalBuzz! website at Your own risk, including the risk that You might be exposed to Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.
8.1 You agree to indemnify and hold LocalBuzz!, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
(a) Your access to or use of the Service,
(c) the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
8.2 LocalBuzz Media reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims.
8.3 You agree not to settle any matter without the prior written consent of LocalBuzz Media. LocalBuzz Media will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LOCALBUZZ! AND LOCALBUZZ ENTITIES. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
9.1 To the full extent permitted by law and subject to clause 9.4, LocalBuzz Media excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
9.2 LocalBuzz! is provided "as is", and You acknowledge and agree that LocalBuzz Media has no control over Third Party Content and that Your use of LocalBuzz! (including, without limitation, all material obtained from or linked to LocalBuzz!) is at Your sole risk. Nothing on LocalBuzz! constitutes the giving of financial or other advice. You should obtain qualified professional advice before acting on the basis of any information on LocalBuzz!.
9.3 The LocalBuzz Entities make no claims or promises about the conduct of third parties or Users. Accordingly, the LocalBuzz Entities are not liable to You for any loss or damage that might arise from their actions, including, for example, if another User misuses Your content or identity.
9.4 The LocalBuzz Entities make no claims or promises about the quality, accuracy or reliability of the business listings, ratings, reviews, and guides or the safety or security of LocalBuzz!. Accordingly, the LocalBuzz! Entities are not liable to You for any loss or damage that might arise from Your reliance on the quality, accuracy or reliability of the business listings, ratings, reviews or guides or the safety or security of LocalBuzz!.
9.5 To the full extent permitted by law, LocalBuzz Media excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:
(a) Your use of, or reliance on, LocalBuzz! (or any information contained on or linked to LocalBuzz!);
(b) any dealing You have with any business displayed on LocalBuzz!.
9.6 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which LocalBuzz Media is entitled to do so, LocalBuzz Media limits its liability in respect of any claim under those provisions to:
(a) the supply of the services again; or
(b) the payment of the cost of having the services in the 12 months prior to any action supplied again.
9.7 You hereby indemnify and hold harmless LocalBuzz Media and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:
(a) Your breach of this Agreement, including (without limitation) a warranty in clause 7;
(b) any act of fraud or willful misconduct by or on behalf of You; and
(c) the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.
9.8 Your sole and exclusive right and remedy in case of dissatisfaction with LocalBuzz! or any other grievance shall be Your termination and discontinuation of access to, or use of LocalBuzz!.
9.9 The LocalBuzz Entities disclaim all liability for any:
(a) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages,
(b) loss of profits,
(c) business interruption,
(d) loss of or damage to reputation of LocalBuzz! or any third party, or
(e) loss of information or data.
10.2 We may close Your account, suspend your ability to use certain portions of LocalBuzz!, and/or ban You altogether from LocalBuzz! for any or no reason, and without notice or liability of any kind. Any such action could prevent You from accessing Your account, LocalBuzz!, Your Content, Site Content, or any other related information.
11.2 You should carefully read and agree to this Agreement each time You use LocalBuzz!. Whilst LocalBuzz Media hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using LocalBuzz! (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.
11.4 LocalBuzz Media may assign this Agreement provided that the relevant assignee undertakes to perform all of LocalBuzz Media's obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.
11.5 The indemnities in this Agreement are:
(a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
(b) absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.
11.6 This Agreement is governed by the laws of the Republic of Ireland, and the parties submit to the non-exclusive jurisdiction of the courts of Ireland and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
12. Suggestions and Improvements
12.1 By sending us any ideas, suggestions, documents, proposals of Feedback of any kind, You agree that:
(a) Your Feedback does not contain the confidential or proprietary information of third parties,
(b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
(c) we may have something similar to the Feedback already under consideration or in development, and
(d) You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
In this Agreement:
LocalBuzz! means any LocalBuzz! website (including but not limited to www.localbuzz.com.au), all country specific websites that are part of the LocalBuzz! group, any mobile site or application or LocalBuzz! service.
LocalBuzz Media means LocalBuzz Media Ltd (Company Number 484884) of Third Floor, Ulysses House, Foley Street, Dublin 1, Ireland.
Finderzone Ventures means Finderzone Ventures Ltd (Company Number 468905) of Third Floor, Ulysses House, Foley Street, Dublin 1, Ireland.
LocalBuzz Entities, means LocalBuzz Media, Finderzone Ventures, LocalBuzz!, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them.
We, us, and our refer to LocalBuzz!, LocalBuzz Media and LocalBuzz Ventures and any LocalBuzz Entity.
You and Your refer to you, as a user of LocalBuzz!.
User means someone who accesses, browses, crawls, scrapes, or in any way uses LocalBuzz!.
Content means all content posted by You onto LocalBuzz! including, without limitation, all text, graphics, icons, images, photographs, videos, audio, location data, URLs and any other forms of data or communication.
Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
Your Content means Content that you submit or transmit to, through, or in connection with LocalBuzz!, such as business listings, all text, icons, graphics, images, photographs, videos, audio, location data, ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed anywhere and associated with your account or profile.
User Content means Content that users submit or transmit to, through, or in connection with LocalBuzz!.
LocalBuzz! Content means Content that we create and make available in connection with LocalBuzz!.
Third Party Content means Content that originates from parties other than LocalBuzz! or its users, which is made available in connection with LocalBuzz!.
Site Content means all of the Content that is made available in connection with LocalBuzz!, including Your Content, User Content, Third Party Content, and LocalBuzz! Content.
Business Listing means a business listing in the Database and may contain information about the listed business, for example, contact details.
Database means the national database of Business Listings which is collected by LocalBuzz Media and made accessible to the public via the online business directory on LocalBuzz!.
Feedback means any ideas, suggestions, documents or proposals you may send us in relation to LocalBuzz! or anything else.
Viruses means any computer viruses, worms, defects, Trojan horses, spyware, malicious software programs, or other items of a destructive nature.
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