This document contains the Terms of Service for Local and Live LLC, doing business as Cincy Local and Live (“Cincy Local &Live”). Please read this document carefully, as it contains important information relating to your use of the Cincy Local & Live website. These Terms of Service form a contract between Cincy Local & Live and you.
Last updated on October 16th 2019. These Terms of Service are effective immediately.
Parties
“You” and “your” refers to you, as a user of the Service (as defined below). A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refers to Cincy Local & Live and its subsidiaries and affiliates.
Acceptance of Terms
We provide a service where you can find live events, based on distance from you and other criteria you can select (the "Service"). By using our Service, you are agreeing to the following Terms of Service ("Terms"). We may update the Terms from time to time without notice to you. However, you can always find the latest Terms at [insert web address/link]. In addition, when using any of our owned or operated services, you will be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are incorporated by reference into the Terms. You further agree, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.
Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to the then current Terms.
Rules of Behavior
You agree to use the Service to post and receive communications and content that are legal and proper.
You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
You must not use the Service to abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
You must not violate the privacy rights of others.
You must not impersonate another person or entity, which includes not using anyone else's username or password.
You must not “deep-link,” by publishing a link to a page on the website other than the home page.
You must not “frame” or “mirror” our website, by simulating the appearance or function of our website on another website.
You must not use the Service for any illegal or unauthorized purpose, such as spamming.
You must abide by all Federal, State and local laws.
You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature.
You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Service.
You must not interfere or disrupt the Service or servers or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You cannot use our name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment.
You will not expressly or by implication create the false or misleading impression that we are associated with, or endorse, or are in any way connected with you, your business, or your content.
WHILE WE EXPLICITLY PROHIBIT THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT WE WILL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, WE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.
Registration
There is no charge for you to register an account and create a profile. You must be at least 18 years old to access and use the Service. If you are younger than 18 years old, please do not use this Service for any purpose.
Registered users are subject to the following specific terms in addition to all of the other provisions in these Terms:
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to provide true, accurate, current and complete information as required on the Service's account registration form. If you provide any information that is untrue or incomplete, Cincy Local & Live has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
You agree that Cincy Local & Live may, under certain circumstances and without prior notice, immediately terminate your account, any associated username and/or access to the Service. Cause for such termination will include, but not be limited to: (i) breaches or violations of the Terms or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. You also agree that any termination is in our sole discretion and that we will not be liable to you or any third party for any termination of your account, password, username, deletion of content or access to the Service.
You agree that your account is non-transferable and any rights to your account, password, or username terminate upon your death.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact us immediately. It is up to you to maintain the confidentiality of your password and account. Cincy Local & Live is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.
Marketing and Promotions
Our revenue comes from paid advertising from local businesses such as microbreweries, music stores, clubs, food trucks, and event sponsors. By registering an account, you agree to receive marketing notices and push notifications from our advertisers.
You agree that such marketing notices, push notifications, and other advertisements are not "unsolicited commercial email advertisements" and therefore you agree to receive them and will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Cincy Local and Live will not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
You may receive business-related communications from Cincy Local & Live, such as service announcements and administrative notices about your account. You agree that these communications are not "unsolicited commercial email advertisements" and therefore you agree to receive them. You will not be able to opt out of receiving such communications.
We collect various information from the registration process, including but not limited to email addresses and cellphone numbers of users (collectively, “Information”). You grant us a royalty-free, worldwide, irrevocable license to use the Information for our promotions, marketing campaigns, and internal research. You also grant us a royalty-free, worldwide, irrevocable license to rent or sell such Information to third parties, such as our various marketing partners, for purposes of sending promotions and advertisements to you.
Links
The Service may provide links to other websites or resources, such as websites of event venues, advertisers, or bands. Cincy Local and Live has no control over these sites and content and therefore Cincy Local and Live is not responsible for the availability of such links, resources and content. Cincy Local and Live does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Cincy Local and Live is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or any failures and/or disruption to your computer system or smartphone that results from your use of any such links.
Privacy Policy
Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at [cincylocalandlive.com].
Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is the property of Cincy Local & Live and its licensors, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. You also acknowledge our exclusive rights in the Cincy Local & Live trademarks and service marks.
Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. CINCY LOCAL & LIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CINCY LOCAL & LIVE MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Cincy Local & Live or through or from the Service will create a warranty not expressly stated in the Terms.
Content
As a registered user, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility for all Content that you upload post, email, transmit or otherwise make available through the Service. You are responsible for being in compliance with the Rules of Behavior relating to such Content.
Cincy Local & Live will have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other Cincy Local & Live users or otherwise created, distributed and displayed on any part of the Service. Cincy Local & Live does not control or monitor the Content posted via the Service, and does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted prior permission to use it. Cincy Local & Live does not own any of the Content you post. By placing Content on the Service, you are providing Cincy Local & Live with a worldwide, royalty-free, unlimited, non-exclusive license to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site. Cincy Local & Live reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other services offered by Cincy Local & Live.
You agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service. Cincy Local & Live will have no responsibility for enforcing any rights you claim in any Content, which will be your responsibility entirely. You agree to indemnify Cincy Local & Live with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Cincy Local & Live will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing so.
You acknowledge that Cincy Local & Live may or may not pre-screen Content. However, Cincy Local & Live will have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, or delete any Content that violates the Terms or is otherwise objectionable.
Cincy Local & Live may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of Cincy Local & Live, its users and/or the public.
Copyright Infringement
Cincy Local & Live respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Cincy Local & Live may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Cincy Local & Live Designated Agent at cincylocalandlive@gmail.com or www.cincylocalandlive.com with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
A description of where the material you claim is infringing is located on the site
Your name, address, telephone number, email address
A statement claiming that you have a good faith belief that the disputed use has not been authorized
A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:
Remove or disable access to the infringing material;
Notify the content provider that we have removed or disabled access to the material; and
Terminate such content provider’s access to the Website if he or she is a repeat offender.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Cincy Local & Live is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Cincy Local & Live may send a copy of the counter-notice to the original complaining party informing that person that Cincy Local & Live may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Cincy Local & Live’s discretion.
Limitation of Liability
You expressly understand and agree that Cincy Local & Live will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Cincy Local & Live has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration or alteration of your transmissions or data, (c) statements or conduct of any third party including advertisers on the Service, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, or (e) any other matter relating to the Service. Our maximum liability to you will be $50, which you acknowledge to be a fair and reasonable sum.
Disputes
If there is any dispute about or involving the website and/or the Service, you agree that any dispute will be governed by the laws of the State of Ohio without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN HAMILTON COUNTY, OHIO, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
General Information
These Terms constitute the entire agreement between you and Cincy Local & Live and govern your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software.
The failure of Cincy Local & Live to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Nothing contained in the Terms will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Please report any violations of the Terms to [cincylocalandlive@gmail.com or www.cincylocalandlive.com].
