YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS,
LOCALPEOPLEWEB.COM acts as a passive conduit of communication between its users and is, therefore, not responsible for and does not endorse any communications made by such users.
4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than LOCALPEOPLEWEB.COM or Local People Web LLC (each a "Third Party Site"). LOCALPEOPLEWEB.COM may work with a number of partners and affiliates whose sites are linked with LOCALPEOPLEWEB.COM. Both LOCALPEOPLEWEB.COM and Local People Web LLC are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. LOCALPEOPLEWEB.COM makes no guarantees about the content or quality of the products or services provided by such sites. LOCALPEOPLEWEB.COM is not responsible for webcasting or any other form of transmission received from any Third Party Site. LOCALPEOPLEWEB.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LOCALPEOPLEWEB.COM of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither LOCALPEOPLEWEB.COM nor Local People Web LLC are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5.1. Rights and Responsibilities of LOCALPEOPLEWEB.COM. LOCALPEOPLEWEB.COM respects the intellectual property of others, and we ask our users to do the same. LOCALPEOPLEWEB.COM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LOCALPEOPLEWEB.COM's Copyright Agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
LOCALPEOPLEWEB.COM's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Local People Web LLC
PO BOX 1242
Pine Bush, NY 12566
By email: email@example.com
5.3. Your Rights and Responsibilities as a LOCALPEOPLEWEB.COM User and Reader of User Content.
You are not required to provide your real name when signing up as a user of LOCALPEOPLEWEB.COM. LOCALPEOPLEWEB.COM permits anonymous or pseudonymous accounts. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, LOCALPEOPLEWEB.COM staff will not take a role in mediating conflicts between you and other users. LOCALPEOPLEWEB.COM does not take responsibility for your behavior or that of other users. Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
5.4. Your Agreement to Release and Hold Harmless LOCALPEOPLEWEB.COM For Any Harm Resulting From Your Communication or Contact with Other LOCALPEOPLEWEB.COM Users.
LOCALPEOPLEWEB.COM FUNCTIONS AS A PASSIVE COMMUNICATION SERVICE WHICH ALLOWS USERS TO CONTACT AND COMMUNICATE WITH ONE ANOTHER. LOCALPEOPLEWEB.COM IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY LOCALPEOPLEWEB.COM USERS. LOCALPEOPLEWEB.COM DOES NOT ENDORSE ANY USERS OR THEIR COMMUNICATIONS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY LOCALPEOPLEWEB.COM USER IS MADE AT YOUR OWN RISK AND YOU AGREE TO RELEASE AND HOLD LOCALPEOPLEWEB.COM HARMLESS, IRREVOCABLY RELEASE LOCALPEOPLEWEB.COM AND FOREVER DISCHARGE LOCALPEOPLEWEB.COM, ITS AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER LOCALPEOPLEWEB.COM USERS. ADDITIONALLY, YOU AGREE TO INDEMNIFY LOCALPEOPLEWEB.COM FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER LOCALPEOPLEWEB.COM USERS.
6. No Warranty.
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALPEOPLEWEB.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LOCALPEOPLEWEB.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LOCALPEOPLEWEB.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. Limitation of Liability. IN NO EVENT SHALL LOCALPEOPLEWEB.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF LOCALPEOPLEWEB.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF LOCALPEOPLEWEB.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
8. Indemnification. You agree to defend, indemnify and hold harmless LOCALPEOPLEWEB.COM, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Unsolicited Submissions. Except as may be required in connection with your use of LOCALPEOPLEWEB.COM Services, LOCALPEOPLEWEB.COM does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to LOCALPEOPLEWEB.COM through or in association with this Site shall be considered non-confidential. By providing such submissions to LOCALPEOPLEWEB.COM you hereby grant LOCALPEOPLEWEB.COM a license to use, reprint, distribute, modify and create derivative works which will be owned by LOCALPEOPLEWEB.COM. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
10. Compliance with Intellectual Property Laws. When accessing LOCALPEOPLEWEB.COM or using LOCALPEOPLEWEB.COM's Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your LOCALPEOPLEWEB.COM user account. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at firstname.lastname@example.org as described above in Section 5.1.
12. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
14. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2011, Local People Web LLC, ALL RIGHTS RESERVED.
15. Trademarks. LOCAL PEOPLE WEB, LOCALPEOPLEWEB.COM, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of LOCALPEOPLEWEB.COM. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor enters the Site: (1) IP address, (2) domain servers, (3) type of computer used to access the Site, (4) types of web browsers (collectively "Anonymous Data"). Such data does not collect information that identifies you as an individual. LOCALPEOPLEWEB.COM uses Anonymous Data for general marketing purposes and to help enhance customer experience on the Site.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags also known as single pixel gifs or web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
For you to access certain services that we offer through the Site, we may require you to provide us with information that can identify you as an individual ("Personally Identifiable Information"). Personally Identifiable Information includes: (i) "Contact Data" (such as your first and last name, physical street address, city, state, zip code, phone number and email address), and (ii) "Financial Data" (such as your credit card number, expiration date, and verification code), and (iii) "Questionnaire Data" (such as information about your personal life, habits, demographic information, public nickname to be used on the Site, etc...).
Please note that Contact Data and Anonymous Data is used to gather general statistics regarding our customers and visitors, in order to enhance the consumer experience on the Site. We may also use demographic data in a manner that does not identify you specifically or allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.
We use your Contact Data to provide you with special information and promotions regarding our products or to contact a customer regarding an order or to respond to a question or request. Any Financial Data gathered is used for the purposes of processing or completing the financial transaction for your order.
Questionnaire Data is used to improve the services provided to you by our Site and shall also be used to generate your public user profile and user listing which you agree to make available to all registered LOCALPEOPLEWEB.COM as part of the listing service that we provide to you. The listing shall not include your Financial Data or your Contact Data, however you agree to allow other LOCALPEOPLEWEB.COM users to contact you via the internal Site messaging service. By answering Questionnaire Data, you agree to allow us to make such information available to other members of the Site.
If you post information on any of our chat groups, message boards or forums, such information you provide may be available to other members of the Site and other Site visitors, this shall include any Questionnaire Data that has been incorporated into your public user profile and listing. You should use caution when deciding to disclose your personal information in these venues as we do not control who may participate in these interactive forums.
Choice Regarding Disclosure of Contact Information
You may choose not to provide us with any Contact Information. In such an event, you can still access and use some portions of the Site; however you will not be able to access and use portions of the Site that require your Contact Information.
Confidentiality and Security of Contact Information
We use reasonable measures to maintain the security of your Contact Information. However, no company, organization, or online community, including LOCALPEOPLEWEB.COM and Local People Web LLC, can fully eliminate security risks associated with personal information.
We may provide your personal information to third party service providers who work on behalf of or with LOCALPEOPLEWEB.COM to provide some of the services and features of the LOCALPEOPLEWEB.COM Site and to help us communicate with the members of our Site. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).
LOCALPEOPLEWEB.COM has security measures in place to minimize the loss, misuse, destruction and alteration of the information that you provide us or that we obtain from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.
Other Limits to Your Privacy
Our Site contains links to other third-party websites ("Linked Websites"). We are not responsible for the privacy practices or the content of the Linked Websites. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other websites, and it is your responsibility to review the Privacy Policies at those websites to confirm that you understand and agree with their policies.
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