Terms of Service

Introduction

Please carefully read these Terms of Service. so please read each of them carefully. Among other things, this means that submission of any data by you on inLoclaity mobile App is subject to the disclaimers and limitations of liability in the Terms of Service, and that the information we collect from you during your submission is subject to our Privacy Policy. To the extent these Terms conflict with the Terms of service & Privacy Policy, these Terms will preside over.

You state that you are 15 years old and are capable and authorized to agree to and stand by these Terms. If you want to submit any Data and are under the age of majority, you must have your parents’ permission.

You acknowledge and agree that InLocality Mobile App has the unrestricted right to determine, in its sole discretion, whether any Data will be made available as a Geofilter, and if so, when. We may adjust the Geofence in our sole discretion.

1. Your License to Us

Your allowance to InLocality Mobile App, an exclusive, unrestricted, unconditional, unlimited, transferable, sub licensable, irrevocable, royalty-free, worldwide license to communicate to the public, archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use the Data in connection with the Services (as defined in the Terms of Service) and the advertising, marketing, and promotion thereof, in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed. This license includes the right for InLocality Mobile App & inLocality.com, to make the data available to InLocality users, for sharing among InLocality users, and for saving to their devices.

You accept and agree that InLocality users may be able to save, share, and view data that include the images during and beyond the application run time. You acknowledge that InLocality users may use the data for reasons or in ways other than you projected. You agree that such uses comprise user-generated content for which neither InLocality Mobile App nor InLocality.com bears any responsibility. You agree that neither InLocality Mobile App nor InLocality.com is accountable for any claims or losses based on or occurs from any user-generated content, including but not limited to user content that makes use of the data, whether within the Services or beyond.

You agree that neither InLocality Mobile App, nor its affiliates are under any obligation to pay you or any third party any consideration or compensation for the Data or any use of the Data. To the point permissible by law, you irrevocably waive—or agree not to assert against InLocality Mobile App, InLocality.com, and its affiliates to the extent a waiver is not permitted—any moral rights or corresponding rights you may have in the Data throughout the world. You agree that InLocality Mobile App may in its discretion resize images shared by you, set the transparency of, and make other modifications to all the Data.

If InLocality Mobile App does make the Data available on the Services, you acknowledge and agree that InLocality Mobile App has the right (but no obligation) to publicly attribute the Data to you, including by posting your name, city, state, and country, as submitted by you or as tied to your InLocality account.

2. Communications from Us

When you submit any data, we’ll try to email a submission authentication to the email address connected to your InLocality account. That submission authentication does not mean we’ve approved your submission. We reserve the right to accept or decline your submission for any reason and at any time. We may require additional verifications or information before accepting any submission.

Other emails or SMS might be sent to you about your submission or verification, including about status, changes, updates, or cancellations and about other communications regarding your submission. Any Data you submit, you consent to receive from InLocality Mobile App, InLocality.com, and our affiliates the email communications described in these Terms.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Promotions

If you use the inLocality service or any part of the Services as a part of any contest, offer, or other third party promotion, you are solely accountable for complying with all laws that apply to your Promotion wherever it is offered, as well as with our Promotion Rules. Unless we specifically agree otherwise in writing, InLocality Mobile App will not be a sponsor or an administrator of your Promotion.

4. Your Representations and Warranties

You represent and affirm that (a) the Data is original to you and does not include any third party’s name, logo, trademark, service mark, image, or likeness, and you have all rights to license the data to InLocality Mobile App, InLocality.com., and their affiliates; (b) the Data does not violate these Terms; (c) the Data does not, and its use in connection with the Services will not, violate, misappropriate or breach any patent, copyright, trademark, privacy, or publicity rights, or any other rights of any person or entity; (d) you have not assigned, licensed, or otherwise encumbered the Data to any other person or entity; (e) the Data conforms with laws and is suitable for audiences ages 13 and above; (f) the Data does not, and will not, defame, bully, cause injury or harm to, or inflict emotional distress on, any third party; and (g) any and all information you have provided to InLocality Mobile App in connection with the Data and your submission is accurate and correct. In the event InLocality Mobile App approves and uses the Data, such approval will not diminish or waive your representations and warranties contained in these Terms.

5. Your Indemnification to Us

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless InLocality Mobile App, InLocality.com, and our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) our use of the Data in connection with the Services; (b) your use of the Services and your activities in connection with the Services; (c) your violation or alleged violation of any laws in connection with your use of the Services or your activities in connection with the Services; (d) any claim that the Data infringes, violates, or misappropriates any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) any fraud or misrepresentation by you; or (f) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, and obligations.

6. Governing Law and Disputes between You and InLocality Mobile App

These Terms are governed by the Choice of Law provision of our Terms of Service and by the Dispute Resolution provision of our Terms of Service.

7. Changes to These Terms

From time to time, these Terms might be revised by us. You can find out when these Terms were last revised by referring to the “Effective” date at the top. The changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any Dates you submit after that. By submitting any Data after these Terms have been updated you will be deemed to have agreed to the updated Terms. If at any point of time you don’t agree to any portion of these Terms, don’t submit any Data.

8. Final Terms

These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by law, you waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter. InLocality Mobile App may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of InLocality Mobile App.