- Eligibility. By using the Local Getaways Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Local Getaways Services does not violate any applicable law or regulation.
- User Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from your postings on the Website (collectively, “Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
(b) you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms;
(c) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(d) your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, is not implicitly or explicitly offensive or contain content that promotes racism, bigotry, hatred or physical harm of any kind against another group or individual, does not contain content that harasses, discriminates, incites harassment or advocates harassment of any group or individual, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(e) your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
(f) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
(g) your Contribution does not violate any state or federal law designed to regulate electronic advertising;
(h) your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
(i) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Local Getaways’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
(j) your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
(k) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
(l) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Local Getaways in its sole discretion.
- Prohibited Activities. You may not access or use the Website for any other purpose other than that for which Local Getaways makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by Local Getaways in Local Getaways’s sole discretion. Prohibited activity includes, but is not limited to:
(a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
(b) advertising to, or solicitation of, any user to buy or sell any products or services;
(c) transmitting chain letters or junk email to other users. As a reasonable estimation of such harm, you agree to pay Local Getaways $50 for each such unsolicited email or other unauthorized commercial communication you send through the Local Getaways Services;
(d) using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(e) engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
(f) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
(g) attempting to impersonate another user or person;
(h) using the username of another user;
(i) selling or otherwise transferring your profile;
(j) using any information obtained from the Website in order to harass, abuse, or harm another person; and
(k) using the Website in a manner inconsistent with any and all applicable laws and regulations.
- Passwords. When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
- Intellectual Property Rights. The content on the Website, except for all Contributions, including without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Local Getaways, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Local Getaways reserves all rights not expressly granted in and to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Local Getaways, including any use, copying, or distribution of third parties’ materials obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
- Local Getaways’s Right to Manage the Website and Terminate Users.
7.1 Local Getaways Website Management. Local Getaways reserves the right but does not have the obligation to: (a) monitor the Website for violations of this Agreement; (b) take appropriate legal action against anyone who, in Local Getaways’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Local Getaways policy, in Local Getaways’s sole discretion; (d) remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Local Getaways’s systems in Local Getaways’s sole discretion and without notice; (e) terminate the accounts of repeat infringers; and (f) otherwise manage the Website in a manner designed to protect the rights and property of Local Getaways and others and to facilitate the proper functioning of the Website.
7.2 Local Getaways’s Right to Terminate Users. Without limiting any other provision of this agreement, Local Getaways reserves the right to in Local Getaways’s sole discretion and without notice or liability deny access to and use of the website to, any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.
- No Guarantee. Local Getaways cannot guarantee and does not promise any specific results from use of Website or any of the Contributions or Materials posted thereon. No advice or information, whether oral or written, obtained by a you from Local Getaways or the Website shall create any warranty not expressly stated herein.
- Term. This Agreement shall remain in full force and effect while you use the Local Getaways Services or are a user. You may terminate your use or participation at any time, for any reason, by following the instructions on the home page. Local Getaways may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17.
- Copyright Policy. Local Getaways will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Local Getaways Digital Millennium Copyright Act (“DMCA”) Notice.
- Modifications. Local Getaways may modify this Agreement from time to time. Local Getaways will alert all users who have submitted email addresses of such modifications by means of an email to their most recently provided email address. You agree to be bound to any changes to this Agreement when you use the Local Getaways Services after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
- Disputes Between Users. You are solely responsible for your conduct. Local Getaways reserves the right, but has no obligation, to monitor disputes between you and other users.
- Disputes Between You and Local Getaways. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and Local Getaways agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Local Getaways Services. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement. further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.
- Disclaimers. Local Getaways cannot control the nature of the content available on the website. by operating the website and providing the Local Getaways services, contributions and materials, Local Getaways does not represent or imply that Local Getaways endorses any contributions or other content available on or linked to by the website, including without limitation content hosted on third party websites, or that Local Getaways believes contributions or other content to be accurate, useful or non-harmful. you agree that your use of the website will be at your sole risk. to the fullest extent permitted by law, Local Getaways, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Local Getaways services, the website, the contributions, the materials and your use thereof.
Local Getaways makes no warranties or representations about the accuracy or completeness of the website’s content and materials or the content of any websites linked to this website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the website, (e) bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, (f) loss from nondelivery of travel services purchased from travel companies listed on the website including but not limited to airfare, hotels, tours, transfers and travel vouchers; and/or (g) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content and materials posted, transmitted, or otherwise made available via the website.
Local Getaways does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Local Getaways will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. user is aware that companies and their agents providing such services are not in any way related to Local Getaways and Local Getaways has no responsibility to ensure delivery of such services.
Local Getaways disclaims any warranty or representation that confidentiality of information transmitted through the website will be maintained.
- Limitation on Liability. in no event shall Local Getaways be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Local Getaways services, the content, the materials or the website even if Local Getaways has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Local Getaways’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Local Getaways for the Local Getaways services during the term of your use of the website.
- Indemnity. You agree to indemnify and hold Local Getaways, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, use of the Local Getaways Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Contribution that you post on the Local Getaways Website or through the Local Getaways Services causes Local Getaways to be liable to another.
17.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Local Getaways regarding the use of the Website, Materials, Contributions and Local Getaways Services.
17.2 Waiver. The failure of Local Getaways to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
17.3 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17.4 Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
During the process of creating an account to access the Service (”Account”), you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Local Getaways will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Local Getaways and modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.
You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.
Local Getaways reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Subject to your agreement and compliance with these Terms, Local Getaways grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever.
You agree not to download, display, use, copy, redistribute, publish, or otherwise exploit any Content located in the Service for use in any publications, in public performances, on websites other than this Service, for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content that appears in this Service.
You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Local Getaways may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or Local Getaways’s intellectual property as determined by Local Getaways in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of Local Getaways for any damage that may result from the foregoing.
In addition to the foregoing, Local Getaways may selectively remove, revoke Benefits associated with your account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnished from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.
You acknowledge that Local Getaways is not required to provide you notice before suspending or terminating your account or selectively removing or revoking Benefits associated with your account. In the event that Local Getaways terminates your account, you may not participate in any of the Services again without Local Getaways’ express permission. Local Getaways reserves the right to refuse to keep accounts for and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account in error, please contact us at: email@example.com.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that you shall not defraud, or attempt to defraud, Local Getaways or other users, and that you shall not act in bad faith in your use of the Service. If Local Getaways determines that you do act in bad faith in violation of these Terms, or if Local Getaways determines that your actions fall outside of reasonable community standards, Local Getaways may, at its sole discretion, terminate your account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Create an account with or access the Service if you are under the age of 13;
Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
Upload or transmit (or attempt to upload or to transmit), without Local Getaways’ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
Improperly use support channels or complaint buttons to make false reports to Local Getaways;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
Attempt to use the Service on or through any service that is not authorized by Local Getaways. Any such use is at your own risk and may subject you to additional or different terms. Local Getaways takes no responsibility for your use of the Service through any service that is not authorized by it;
Post or communicate any person’s real-world personal information using the Service;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Intellectual Property (IP) Ownership
Local Getaways retains all rights, either by ownership or licensing agreement, in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Local Getaways’ explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written permission from Local Getaways. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
Local Getaways and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Local Getaways, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Local Getaways makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:
(i) Errors, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of Local Getaways’s secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will Local Getaways, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Local Getaways has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Local Getaways shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold Local Getaways, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with
(i) Your use of and access to the Service;
(ii) Your violation of any term of these Terms;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) Any claim that a user submissions made by you has caused damage to a third party; or
(v) Any User Content you post or share on or through the Service.
Mobile App Device Requirement
The use of the Local Getaways Mobile App Service requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Local Getaways, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Service, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Service.
Local Getaways may, at its discretion, automatically download Service updates to your device from time to time. You agree to accept these Service updates, and to pay for any costs associated with receiving them. The Service may not work with all devices or all mobile carriers. Local Getaways makes no representations that the Service will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Service, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Users of the Apple Service
If you download and use our iPhone or iPad App: You, the end-user of this Service, acknowledge that this agreement is entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Service and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Service. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Platform is considered the “Licensed Application” as defined in the LAEULA and Local Getaways is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Service (including, without limitation, a third party claim that the Service infringes that third party’s intellectual property rights) or your use or possession of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
The Service is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service. These laws include restrictions on destinations, end users and end use. You may not use or otherwise export, re-export, divert, transfer, or disclose any portion of the Service or any related technical information or materials, directly or indirectly, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported, re-exported, diverted, transferred, or disclosed (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law.
Privacy and Location Based Services
In addition, this Service may use location-based services to locate you. If you choose to use the location-based services portion of this Service, you consent to Local Getaways and/or its third party provider accessing your approximate or exact location. You also grant Local Getaways permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Local Getaways believes you may be interested, including working with third parties who provide targeted advertising content.