Last Updated on July 14, 2018.
These terms and conditions are effective immediately for users registering accounts on LocalServes.com on or after July 14, 2018.
These terms and conditions (the "Terms") govern your access to and use of Local Serves’ website. By accessing or using LocalServes.com, you are agreeing to these Terms and concluding a legally binding contract with Local Serves, a company headquartered in Houston, Texas. ("Local Serves"). If you are unwilling to abide and be bound by Local Serves’ Terms and Conditions do not access or use the LocalServes.com site.
a. "You" and "your" refer to you, as a user of the LocalServes.com Site.
b. A "user" is someone who accesses, browses, crawls, scrapes, posts, reviews, rates, shares, recommends, or in any way uses the LocalServes.com Site.
c. "We," "us," and "our" refer to Local Serves.
d. "Site" refers to the LocalServes.com site.
a. "Content" means text, images, photos, chats, location data, and all other forms of data or communication.
b. "Your Content" or "User Content" means Content that you submit or transmit to, thru, or in connection with the LocalServes.com Site, such as images, ratings, reviews, recommendations, my munchies, my dishes, invitations, messages, and information that you publicly display or displayed in your account profile.
c. "Local Serves Content" means Content that we create and make available in connection with the LocalServes.com Site.
d. "Third Party Content" means Content that originates from parties other than Local Serves or its users, which is made available in connection with the LocalServes.com Site.
e. "Site Content" means all of the Content that is made available in connection with the Site, including but not limited to Your Content, User Content, Third Party Content, and Local Serves Content.
2. CHANGES TO THE TERMS OF SERVICE
Local Serves reserves the right to modify the Terms at any time with the most current version of these Terms uploaded onto LocalServes.com (This includes any material changes to these terms). The revision date of the Terms will be displayed at the top of the Terms page on the LocalServes.com Site.
Your use of the LocalServes.com Site confirms that you fully understand and agree that your access to or use of the LocalServes.com Site is governed by the updated Terms. This understanding and agreement is effective at the time of your access to or continued use of the LocalServes.com Site.
You should review the LocalServes.com Terms regularly as the latest version will be legally binding on you. Any such updates will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the LocalServes.com Site after the effective date of modifications (changes) to the Terms confirms your acceptance of the updated Terms.
The LocalServes.com Terms are only available in the English language. If needed, you may use a translator to help aid your understanding. However, the English version of LocalServes.com’s Terms governs your relationship with Local Serves, and any inconsistencies among the different versions will be resolved in favor of the English version.
4. USING THE SITE
You must be 18 years or older to access or use the LocalServes.com Site. Age restrictions are required as you must have the requisite power and authority to agree to enter into these Terms with Local Serves. You are forbidden to access or use the LocalServes.com Site if you are a current or future competitor of LocalServes.com, if you have been previously banned from LocalServes.com, or if your account has been closed, deleted, or deactivated on LocalServes.com for abusing the LocalServes.com Terms.
B. Authorization to Use the Site
We grant you permission to use the LocalServes.com Site subject to the restrictions in these Terms. Your use of the LocalServes.com Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Local Serves is not responsible for such content as it does not express our views or opinions in any way.
C.LocalServes.com Site Availability
Local Serves reserves the full rights to modify, update, interrupt, suspend or discontinue LocalServes.com at any time without notice or liability.
D.User Registration (Accounts/Profiles)
Registration is required for all users. You must create an account and update your profile in some cases to be granted full access to some features and functionality offered thru the LocalServes.com Site.
You as a user are responsible for the following:
· Taking ownership and maintaining the confidentiality of your login credentials on LocalServes.com which includes your username, email, and account password
· All actions taken with connections to your account - You understand and agree that you must immediately notify Local Serves in writing of any unauthorized use of your account. Local Serves reserves the right to close or suspend your account at any time for any or no reason without any prior notification.
Your account is for commercial or personal use. When creating your account on LocalServes.com, complete and accurate information about you and/or your business is required. Falsifying information, impersonating someone else such as assuming the identity of a celebrity or a non-celebrity, creating or using an account for anyone other than yourself, providing an email address other than one that you own, or creating multiple accounts to abuse the system is strictly prohibited and will not be tolerated.
E. Messages from Local Serves and other Users
You understand that creating an account on LocalServes.com, signifies that you agree to receive essential and non-essential communications from Local Serves and other users on LocalServes.com. This includes but is not limited to emails, chat messages, newsletters, text messages, phone calls, advertising, reviews, recommendations, follower requests, new businesses, and more. You can opt-out of non-essential communications by providing a written notice to Local Serves or other means that Local Serves may provide. Abusive and condescending language is not tolerated on Local Serves’ site. You may report a user who does not abide by the Terms stated.
A. Content Responsibility
Sharing of your login credentials with others to LocalServes.com is strictly prohibited. Use of the LocalServes.com site indicates that you understand that you are fully responsible for any content that is published and shared under your account whether written or via pictures. You assume all risks associated with content shared on LocalServes.com using your account, including anyone relying on the completeness, quality, accuracy, reliability, or any disclosure of information supporting your content shared.
Use of content on LocalServes.com must not be proprietary information and must be owned by you. Using, posting, or sharing any content on the LocalServes.com site indicates that you have the necessary permissions to use and authorize the use of said content as described in LocalServes.com Terms.
You may not imply that content shared on LocalServes.com using your account is in any way sponsored or endorsed by Local Serves.
In order to provide valuable and realistic information to our users, you agree and understand the following terms regarding your content:
Local Serves reserves the right to remove any of your content including images, data, or your account at our own discretion for any reason.
You are 100% liable for any falsified content, intentionally misleading, defamatory activities, violations of any third-party rights (including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights), unlawful content (including abusive, illegal, derogatory or hate dialogue), pornographic material, exploitation of minors, or support of any other violators.
Information displayed on Local Serves does not reflect our endorsement for any food establishment, nor are we affiliated to any of the businesses or foodies. We do not own any information or opinions shared on our platform. We shall not be liable for any falsification, misinterpretation, misunderstanding, inaccurate, defamatory, et. al information. Any falsification, misinterpretation, misunderstanding, inaccurate, defamatory, et. al information may be reported to Local Serves by using the Contact Us form and the appropriate action will be taken.
It is the patrons responsibility to verify information accuracy with the food establishment by contacting the food establishment’s business owner directly.
B. Use of Your Content
Local Serves reserves the right to use any content shared on LocalServes.com’s site, on affiliated sites, or in any way deemed necessary by Local Serves. Content may be displayed publicly, rephrased, reformatted, incorporated into advertisements and other works. Content may be used to create derivative works to promote or distribute.
This also includes the rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works. You understand that Local Serves’ re-use of any of your content with regards to LocalServes.com or any affiliated sites for any purpose grants Local Serves total rights. Your content is royalty-free, not proprietary and you are not entitled to any perpetual, non-exclusive, assignable, sub-licensable, or transferable rights in the event that your content is re-used.
You also understand that any information shared on LocalServes.com site irrevocably grants Local Serves, the users of the LocalServes.com Site, Press, and any other Media outlet the right to access your content in connection with their use of the LocalServes.com Site and any other Media.
Your use of the Local Serves Site supports that you irrevocably waive your rights to any and all claims and assertions of moral rights or attribution with respect to content shared using your account on LocalServes.com.
You own your content shared and displayed on LocalServes.com’s site, on affiliated sites, or in any way deemed necessary by Local Serves and take full responsibility for your actions. Local Serves reserves the right to utilize any content on the Local Serves website by any user, including but not limited to photos, images, reviews, name sake, interactive features, graphics, designs, or any other user and site content. However, Local Serves is not responsible for any content that may be deemed as offensive by others.
Local Serves owns the site functionality, computer code, source code, software, aggregate user review ratings, and all other elements and components of the LocalServes.com Site excluding your Content, User Content and Third Party Content. You understand that Local Serves owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with the Local Serves content and the LocalServes.com Site. You may not modify, reproduce, distribute, create derivative works, scrap, hack, adaptations of, publicly displayed or in any way exploitation of any of the Local Serves Content in whole or in part except as expressly authorized by Local Serves in writing. We do not grant you any express or implied rights to Local Serves’ Content and all rights in and to the Site are retained by us.
Local Serves reserves the right to publicly display and share advertisements from paid advertisers anywhere on the LocalServes.com site including adjacent to or included with your content on the LocalServes.com Site. Advertisements from Local Serves or our affiliates may be shared or displayed on the LocalServes.com Site, sent to your email address, or sent to your phone. Your continued use of Local Serves.com signifies your acceptance of these Terms and you understand that you are not due any compensation, acknowledgment, or royalties of any kind for such advertisements. The manner, mode and extent of such advertising methodologies are subject to change without prior notice to you.
E. Content Feeds
Local Serves makes some of the LocalServes.com Site content ("Feed Content") available to outside networks via a Feed. You may access and use the Feeds in order to display Feed Content on your personal computer, website, other social media sites, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Local Serves' websites, and attributes Local Serves as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Local Serves promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Local Serves' systems. Local Serves reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content, including employees and/or contractors of users or those employed or contracted by Local Serves, does not reflect Local Serves’ opinions. Local Serves reserves the right to manage, remove, screen, edit, or reinstate Site content at our sole discretion for any reason or no reason, and without prior notice to you or anyone. This includes our rights to remove a review, comments, photos or any other content shared if we believe it violates Local Serves’ Terms. Local Serves is not obligated under no circumstances to retain or provide you or anyone with copies of your content or explanation for our actions. Neither do we guarantee any confidentiality with respect to your content as the information being shared is public content and visible to all of Local Serves’ users.
You understand that although we encourage you to let us know if you believe another user has violated the Terms of Local Serves, we are not obligated in any way to enforce these Terms against another user on your behalf. Local Serves reserves the right to conduct an investigation into and take appropriate action against a user at our sole discretion.
7. ADDITIONAL COMMITMENTS TO LOCAL SERVES
A. You agree that you will not assist, encourage, or enable others to use the LocalServes.com Site with ill will or that goes against any of Local Serves’ Terms. This includes:
i. Violating our Content Guidelines, by writing fake or defamatory reviews in exchange for monetary gain or in an attempt to morally deceive other users, trading reviews with other businesses, or compensating someone or being compensated to write, edit, or remove a review.
ii. Violating the rights of any 3rd parties and their content.
iii. Violating content used on LocalServes.com that breaches Local Serves’ intellectual property or proprietary rights including any breach of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
iv. Stalking, threatening, harming, or harassing anyone
v. Promoting or encouraging prejudice or discriminatory activity
vi. Promoting a business or other commercial venture or event, except in connection with a Business Account and as expressly permitted by Local Serves
vii. Utilizing the LocalServes.com Site for commercial purposes outside of those permitted by the Local Serves
viii. Sending bulk chat messages, email communications, surveys, or any other mass messaging tools, whether commercial in nature or not
ix. Engaging in keyword spamming, or otherwise attempts to manipulate the LocalServes.com Site's search results or any third party website
x. Soliciting personal information from minors, submitting or transmitting pornographic material; or
xi. Violating any applicable law where-in adopted by legal authorities
xii. Enabling or encouraging others to violate the Terms
xiii. Modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the LocalServes.com Site or Site Content (other than your own content), except as expressly authorized by Local Serves
xiv. Using any robots, spiders, web crawlers, site search/retrieval applications, APIs, or any other automated devices or software processes, or methods to access, retrieve, scrape, or index any portion of the LocalServes.com Site or any Site Content
xv. Collecting and building a database from Local Serves’ users and any other content on the LocalServes.com site with any intent.
xvi. Reverse engineering any portion of the LocalServes.com Site
xvii. Removing or modifying any copyright, trademark or other proprietary rights notice that appears on any portion of the LocalServes.com Site or on any materials printed or copied from the LocalServes.com Site;
xviii. Recording, processing, researching, or data mining information about other users;
xix. Accessing, retrieving or indexing any portion of the LocalServes.com Site for purposes of constructing or populating a searchable database of business reviews
xx. Reformatting or framing any portion of the LocalServes.com Site;
xxi. Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Local Serves' technology infrastructure or otherwise make excessive traffic demands of the LocalServes.com Site
xxii. Attempting to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
xxiii. Using the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
xxiv. Using any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
xxv. Using the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
xxvi. Removing, circumventing, disabling, damaging or otherwise interferes with any security-related features of the LocalServes.com Site, features that prevent or restrict the use or copying of LocalServes.com’s Site Content, or features that enforce limitations on the use of the LocalServes.com Site.
The restrictions above are governed by any applicable laws and Local Serves reserves all rights at our sole discretion to address these matters according with the law.
8. GUIDELINES AND POLICIES
Use of the LocalServes.com site represents that you have read, fully understand, and agree to abide by our Terms in its entirety.
B. Privacy and Disclosure
C. Copyright And Trademark Disputes
You understand and agree that the abuse of intellectual property rights of Local Serves or others on LocalServes.com and its affiliates is prohibited. You are solely responsible for any misuse or mishandling of any user(s) intellectual property. Local Serves is NOT responsible in any way for the abuse of intellectual property including but not limited to images, content, misrepresentation, and any other situation that may bring about Copyright and Trademark disputes between parties.
You agree that any information, ideas, suggestions, recommendations, documents, feedback, or proposals given to Local Serves by you or on your behalf is neither confidential nor proprietary. Local Serves are under no obligation of confidentiality whether expressed, written, or implied, with respect to the content provided. You understand that we may have similar content or development planned whether documented or not, in consideration, or actively in development. By submitting any information to Local Serves, you willingly grant us an irrevocable, non-exclusive, royalty-free, perpetual, license to use, modify, develop, prepare derivative works, publish, distribute and sublicense the Content in any way deemed necessary as determined by Local Serves. Furthermore, you irrevocably waive, and cause to be waived, against Local Serves and its users any claims and assertions of any moral rights contained in such Content.
10. THIRD PARTIES
You understand that the LocalServes.com Site may include links to other 3rd Party websites or applications for which we do not control or endorse. You understand that Local Serves is not responsible for the availability or content shared for such Third Party Sites. You take responsibility and fully understand that you are using Third Party Sites on LocalServes.com at your own risk.
You as a user (any people or person utilizing content from the LocalServes.com website or any other affiliated material pertaining to Local Serves and its entities) understand and agree to protect, defend, and hold the following including, but not limited to Local Serves, its affiliates, any related companies, contractors, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Local Serves Entities") innocent and non-responsible for costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the LocalServes.com Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Local Serves reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Local Serves. Local Serves will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE LOCAL SERVES ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
13. CHOICE OF LAW AND VENUE
Cause of action or dispute that might arise between you and Local Serves (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HARRIS COUNTY, TEXAS
B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
15. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on Local Serves' part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Local Serves' prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16. MODIFICATIONS TO THESE Terms of Service
We may revise these Terms of Service from time to time. The most current version of the Terms of Service will govern your use and acceptance of the latest Terms of Service which will be located on the LocalServes.com site. If we make material changes to these Terms of Service, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, you agree to the revised Terms of Service.
Copyright © 2018 Local Serves, LLC
All Rights Reserved
Local Serves, LLC was established in 2017 in Metro Houston, Texas USA