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MyLocalWay Terms of Use
| 1. Acceptance of terms of use and amendments |
Each time you use or cause access to this web site, you agree to be
bound by these Terms of
use, as amended from time to time with or without notice to you. In
addition, if you are using a particular service on this web site or
accessed via this web site, you will be subject to any rules or
guidelines applicable to those services, and they will be incorporated
by reference within these
Terms of use.
Please read the site's Privacy
policy, which is incorporated within these
Terms of use by
reference.
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| 2. MyLocalWay's service |
This web site and the services provided to you on and via this web
site are provided on an "AS IS" basis. You agree that MyLocalWay
reserves the right to modify or discontinue provision of this web site
and its services, and to remove the data you provide, either temporarily
or permanently, at any time, without notice and without any liability
towards you, MyLocalWay will not be held responsible or liable for
timeliness, removal of information, failure to store information,
inaccuracy of information, or improper delivery of information.
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| 3. Your responsibilities and registration obligations |
In order to use this web site or certain parts of it, you may be
required to register for a user
account on this web site; in this case, you agree to provide
truthful information when requested, and -- if a minimum age is required
for eligibility for a user account -- you undertake that you are at
least the required age. By registering for a user account, you
explicitly agree to this site's
Terms of use,
including any amendments made by MyLocalWay that are published herein.
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| 4. Privacy policy |
Registration data and other personally identifiable information that
the site may collect is subject to the terms of MyLocalWay's
Privacy policy.
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| 5. Registration and password |
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You are responsible for maintaining the
confidentiality of your password, and you will be responsible for all
usage of your user account and/or user name, whether authorized or not
authorized by you. You agree to immediately notify MyLocalWay of any
unauthorized use of your user account, user name or password.
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| 6. Your conduct |
| You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or other
materials ("content"), made available publicly or privately, will be
under the sole responsibility of the person providing the said content,
or of the person whose user account is used. You agree that this web
site may expose you to content that may be objectionable or offensive.
MyLocalWay will not be responsible to you in any way for content
displayed on this web site, nor for any error or omission. By using
this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that
may be construed as: unlawful; illegal; threatening; harmful; abusive;
harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene;
offensive; objectionable; pornographic; designed to interfere with or
disrupt the operation of this web site or any service provided; infected
with a virus or other destructive or deleterious programming routine;
giving rise to civil or criminal liability; or in violation of an
applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any
person or entity; you will not forge or otherwise seek to conceal or
misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide,
any content or service in any commercial manner, or in any manner that
would involve junk mail, spam, chain letters, pyramid schemes, or any
other form of unauthorized advertising or commerce; you will not use
this web site to promote or operate any service or content without
MyLocalWay's prior written consent;
(e) you will not provide any content that may give rise to MyLocalWay
being held civilly or criminally liable, or that may be considered a
violation of any local, national or international law, including -- but
not limited to -- laws relating to copyrights, trademarks, patents, or
trade secrets.
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| 7. Submission of content on this web site |
By providing any content to this web site:
(a) you agree to grant MyLocalWay a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights.) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license
will apply with respect to any form, media, technology already known at
the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant MyLocalWay the license specified
in this section 7;
(c) you acknowledge and agree that MyLocalWay will have the right (but
not obligation), at MyLocalWay's entire discretion, to refuse to
publish, or to remove, or to block access to any content you provide, at
any time and for any reason, with or without notice.
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| 8. Third-party
services |
Goods and services of third parties (from service providers or other
MyLocalWay users) may be advertised and/or may be made available on or
through this web site. Representations made regarding products and
services provided by third parties will be governed by the policies and
representations made by these third parties. MyLocalWay will not in any
manner be liable for or responsible for any of your dealings or
interaction with third parties.
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| 9. Indemnification |
You agree to indemnify and hold harmless MyLocalWay and MyLocalWay's
representatives, subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers,
partners, and co-branders, from any claim or demand, including
reasonable legal fees, that may be filed by any third party, arising out
of your conduct or connection with this web site or service, your
provision of content, your violation of these
Terms of use, or
any other violation by you of the rights of another person or party.
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| 10.
DISCLAIMER OF WARRANTIES |
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YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY
SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK.
SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND MYLOCALWAY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR
EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MYLOCALWAY MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART
OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED
EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER MYLOCALWAY NOR ANY
PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND
THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY
BE USED SOLELY AT YOUR OWN RISK, AND THAT MYLOCALWAY WILL NOT BE HELD
LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and
certain statements in the above disclaimer may not apply to you as
regards implied warranties; the other terms and conditions remain
enforceable notwithstanding.
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| 11. LIMITATION OF
LIABILITY |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
MYLOCALWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES,
(II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV)
STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING
SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and,
therefore, such limitations may not apply to you.
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12. Reservation of
rights |
MyLocalWay reserves all of MyLocalWay's
rights, including but not limited to any and all copyrights, trademarks,
patents, trade secrets, and any other proprietary right that MyLocalWay
may have in respect of this web site, its content, and goods and
services that may be provided. The use of
MyLocalWay's rights. and property
requires MyLocalWay's prior written consent.
By making services available to you, MyLocalWay is not providing you
with any implied or express licenses or rights, and you will have no
rights to make any commercial use of this web site or provided services
without MyLocalWay's prior written consent.
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13. Notification of copyright infringement |
If you believe that your property has been used in any way that could be
considered a copyright infringement or a violation of your intellectual
property rights, MyLocalWay\'s copyright agent may be contacted via:
email to administrator.
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| 14. Applicable law |
You agree that these
Terms of use and any dispute arising out of your use of this web
site or products or services provided will be governed by and construed
in accordance with local laws applicable at
MyLocalWay's domicile, notwithstanding any differences between
the said applicable legislation and legislation in force at your
location. By registering for a user account on this web site, or by
using this web site and the services it provides, you accept that
jurisdiction is granted to the courts having jurisdiction over
MyLocalWay's domicile, and that any disputes
will be heard by the said courts.
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| 15. Miscellaneous
information |
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(i) In the event that any provision of these
Terms of use is
deemed to conflict with legislation by a court with jurisdiction over
the parties, the said provision will be interpreted to reflect the
original intentions of the parties in accordance with applicable law,
and the remainder of these
Terms of use will
remain valid and applicable; (ii) The failure of either party to assert
any right under these
Terms of use will not be considered to be a waiver of that party's
right, and the said right will remain in full force and effect; (iii)
You agree that any claim or cause in respect of this web site or its
services must be filed within one (1) year after such claim or cause
arose, or the said claim or cause will be forever barred, without regard
to any contrary legislation; (iv) MyLocalWay may assign
MyLocalWay's rights and obligations under
these Terms of use;
in this event, MyLocalWay will be relieved of any further obligation. |
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