Terms of Service
1. General Terms
(A) By using LOCAL2SSM (other than to read this Agreement for the first time), Member agrees to comply with all of the terms and conditions hereof. The right to use LOCAL2SSM is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's Account (under any screen name or password) and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's password.
(B) LOCAL2SSM shall have the right at any time to change or discontinue any aspect or feature of LOCAL2SSM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms.
LOCAL2SSM shall have the right at any time to change or modify the terms and conditions applicable to Member's use of LOCAL2SSM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on LOCAL2SSM, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of LOCAL2SSM by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.
3. Member Conduct.
(A) Member shall use LOCAL2SSM for lawful purposes only. Member shall not post or transmit through LOCAL2SSM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without LOCAL2SSM Inc's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Member that in LOCAL2SSM Inc's discretion restricts or inhibits any other Member from using or enjoying LOCAL2SSM will not be permitted. Member shall not use LOCAL2SSM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Members of other on-line information services competitive with LOCAL2SSM.
(B) LOCAL2SSM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music and sound, and the entire contents of LOCAL2SSM are copyrighted as a collective work under Canadian copyright laws. LOCAL2SSM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of LOCAL2SSM and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Member shall not upload, post or otherwise make available on LOCAL2SSM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of LOCAL2SSM, Member automatically grants, or warrants that the owner of such material has expressly granted LOCAL2SSM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other Member to access, view, store or reproduce the material for that Member's personal use. Member hereby grants LOCAL2SSM the right to edit, copy, publish and distribute any material made available on LOCAL2SSM by Member.
(D) The foregoing provisions of Section 3 are for the benefit of LOCAL2SSM, its parent company, subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability.
(A) MEMBER EXPRESSLY AGREES THAT USE OF LOCAL2SSM IS AT MEMBER'S SOLE RISK. NEITHER LOCAL2SSM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LOCAL2SSM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LOCAL2SSM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH LOCAL2SSM.
(B) LOCAL2SSM IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. Member SPECIFICALLY ACKNOWLEDGES THAT LOCAL2SSM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH Member.
(D) IN NO EVENT WILL LOCAL2SSM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LOCAL2SSM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LOCAL2SSM. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON LOCAL2SSM.
LOCAL2SSM shall have the right, but not the obligation, to monitor the content of LOCAL2SSM, including any public areas, to determine compliance with this Agreement and any operating rules established by LOCAL2SSM and to satisfy any law, regulation or authorized government request. LOCAL2SSM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on LOCAL2SSM. Without limiting the foregoing, LOCAL2SSM shall have the right to remove any material that LOCAL2SSM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Member agrees to defend, indemnify and hold harmless LOCAL2SSM, its parent company, contractors, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of LOCAL2SSM by Member or Member's Account.
Either LOCAL2SSM or Member may terminate this Agreement at any time. Without limiting the foregoing, LOCAL2SSM shall have the right to immediately terminate Member's Account in the event of any conduct by Member which LOCAL2SSM, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement.
LOCAL2SSM and its logos are trademarks of LOCAL2SSM All rights reserved. All other trademarks appearing on LOCAL2SSM are the property of their respective owners.
This Agreement and any operating rules for LOCAL2SSM established by LOCAL2SSM constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by LOCAL2SSM of the contents of such third-party web sites. LOCAL2SSM is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
11. Online Commerce and Security
The Web site may from time to time allow you to purchase many different types of products and services online. When ordering services or products on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address and credit card information, as well as any other information requested.
You acknowledge and agree that the price of the services or products is subject to change without notice and that the services or products are subject to availability. The sale of the services or products is void where prohibited by law. LOCAL2SSM, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the services or products are listed at an incorrect price, due to a typographical error or an error in pricing information, LOCAL2SSM, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
Online Transaction Processing is provided by PayPal, a secure and trusted service provider to LOCAL2SSM.
You release LOCAL2SSM and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the services or products made available on the Web site or by third-party web sites through the Web site.