Last revised: June 1, 2009

User Agreement

This User Agreement ("Agreement") governs AllForLocal, LLC's ("AllForLocal") relationship with users and others who interact with and via the AllForLocal website/portal ("Website") including any affiliates or subsidiaries of AllForLocal. By using or accessing the Website you agree to this Agreement.

As used herein "us" and "we" shall mean AllForLocal, LLC. "You" and "your" will mean you personally.

The substance of this Agreement shall be deemed to apply to business entities and individuals, regardless of the wording of this Agreement.

Privacy

Your privacy is very important to AllForLocal, and we are developing a policy regarding the appropriate use of information. At this time we do not share any information with third parties. We expressly reserve the right to share information regarding vendors and suppliers (other than any billing information) that you provide with any third party. We will inform you when we adopt a formal Privacy Policy, which is currently under development.

Content and Intellectual Property

You own all of the content and information you post on the Website. In order for us to use certain types of content and provide you with the Website, you agree:

  1. For content that is covered by intellectual property rights, including but not limited to, photos and videos, logos, business names (whether trademarked or not) ("IP content"), you grant AllForLocal, LLC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on the Website ("IP License"). This IP License ends when you delete your IP content or terminate your account (except to the extent your content has been shared with others, and they have not deleted it).
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. We always appreciate your feedback or other suggestions about AllForLocal and the Website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Courtesy and Safety

We will use commercially reasonable efforts to keep the Website safe, but cannot guarantee it. As part of this commitment we are requiring that you agree:

  1. Not to send or otherwise post unauthorized commercial communications to users (such as spam);
  2. You will not collect users' information from the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate, or harass any user.
  6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
  8. You will not do anything unlawful, misleading, malicious, or discriminatory using the website.
  9. You will not facilitate or encourage any violations of this Agreement.

Integrity of Data

AllForLocal users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on the Website, or create an account for anyone or any entity other than yourself or an agency which has authorized you to do so without permission. This expressly includes the provision of false information about a business or person.
  2. You will not use the Website if you are under 13.
  3. You will not use the Website if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
  4. You will not use the Website if you are a convicted sex offender.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. You will not transfer your account to anyone without AllForLocal's permission, which will not be unreasonably withheld.

Protecting Other People's Rights

AllForLocal respects other people's rights, and by using the Website, you agree to do the same. You expressly agree that:

  1. You will not post content or take any action on the Website that infringes someone else's rights or otherwise violates the law.
  2. AllForLocal can remove any content you post on the Website if it, in its sole judgment believes that it violates this Agreement.
  3. If you repeatedly infringe other people's or business' intellectual property rights, AllForLocal will disable your account when appropriate.
  4. You will not use our copyrights or trademarks without our express written permission.
  5. You will not collect information from other users of the Website for commercial use.
  6. You will not post anyone's identification documents or sensitive information on the Website.

Advertisements

AllForLocal works to deliver ads that are not only valuable to advertisers, but also valuable to users. However, we do not give your content to advertisers. You agree that AllForLocal has no obligation to expressly identify paid services and communications.

Advertisers

As we evolve, our terms relating to our advertisers will grow and evolve.

Amendments

We can change this Agreement so long as we provide you notice through the Website or electronic mail and an opportunity to comment. Notwithstanding the foregoing, we can make changes for legal or administrative reasons, which we shall make in our sole judgment, upon notice without opportunity to comment.

Termination

If you violate the letter or spirit of this Agreement, or otherwise create possible legal exposure for us, we can stop providing all or part of the Website to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Agreement shall terminate, save for those provisions regarding confidentiality, liability, and other reasonable continuing obligations.

Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with AllForLocal arising out of or relating to this Agreement or AllForLocal in a state or federal court located in Albany County. The laws of the State of New York will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Albany County, New York for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions or your content on the Website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP THE WEBSITE FUNCTIONAL, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE - IN ANY WAY - THAT THE WEBSITE WILL BE SAFE OR SECURE. ALLFORLOCAL, LLC IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE ALLFORLOCAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

BY USING THE WEBSITE YOU HEREBY EXPRESSLY WAIVE ANY AND ALL STATUTES THAT WAIVE THE EFFECTIVENESS OF GENERAL RELEASES- REGARDLESS OF WHICH JURISDICATION YOU ARE IN. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ALLFORLOCAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ALLFORLOCAL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE IMMEDIATELY PRECEDING TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ALLFORLOCAL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Other

This Agreement is the entire agreement between the parties regarding AllForLocal, and supersedes any prior agreements. It cannot be changed except by a writing signed by each of AllForLocal LLC and a party, or as described in this Agreement. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If AllForLocal fails to enforce any of this Agreement, it will not be considered a waiver of any rights. Any amendment to or waiver of this Agreement must be made in writing and signed by an authorized agent of AllForLocal. You will not transfer any of your rights or obligations under this Agreement to anyone else without AllForLocal's consent, which will not be unreasonably withheld. All of our rights and obligations under this Agreement are freely assignable by AllForLocal in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Agreement does not confer any third party beneficiary rights.