Locify Terms of Service
Welcome to Locify. By using the Locify products, software, services and web sites ("Site") or ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). In order to use the Site or the Services, you must first agree to this Terms.
You may not use the Site or the Services if you do not accept this Terms. You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Locify in the user interface for any Site or Service; or by actually using the Site or Services. In this case, you understand and agree that Locify will treat your use of the Site or Services as acceptance of the Terms from that point onwards.
Locify reserves the right to change these Terms at any time. We recommend that you periodically check this Terms for changes.
1. Usage License
Locify grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Locify reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
2. User Responsibility
You are solely responsible for your use of the Site and Services. Where Locify serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Locify, and Locify makes no claim of accuracy of any user-posted material.
Where Locify allows for the posting of links to third-party websites or webservices, Locify has not under control and is not responsible for the content or any link of any linked website or is not responsible for the services offered on any linked webservice or services offered by third parties published on Locify. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Locify. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site or Services. Accordingly, you agree that you will be solely responsible to Locify for all activities that occur under your account.
3. User-Posted Content or Service
By posting content or service to Locify, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. You can mark content as private to restrict access and use to those users to whom you explicitly grant access. For publicly accessible content, you can label your compilations with one of several possible licenses you specify. You are solely responsible that your content or service posted on Locify will not harm any rights of any third party and by posting the content or service you explicitly agree that you are responsible for the posted content or service and the consequences of publishing of this content or services. Locify allows for creating the personal compilations of links, informations, preferences etc. Your use of a license in connection with your compilation does not affect Locify's right to access and use it in connection with the Services, the Site or otherwise in connection with our business.
Locify is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. Locify provides you with the ability to retrieve and remove your posted content and your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.
4. Feeds and API
Locify provides access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. Locify asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Locify database or reproduce, duplicate or copy the Locify Site. Locify reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.
5. Intellectual Property (Trademarks & Copyrights)
Locify, the Locify logo and the Locify design are trademarks or trade dress of Locify, and may not be used without express written permission from Locify, other than for attribution. All other trademarks not owned by Locify that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Locify.
Locify-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Locify and its licensors and protected by international copyright laws. Except as set out in these Terms, no reproduction of any Locify-originated content is permitted without written permission from Locify.
User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
6. No Warranty and Limitation of Liability
LOCIFY PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Locify SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL Locify BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT Locify HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH LOCIFY SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
Locify and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Locify and you.
These Terms supersede any previous agreement and represent the entire agreement between Locify and you. These Terms are governed by the laws of the United States without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Locify in English at terms (at) locify (dot) com.
August 21, 2010