Terms of use
General
If you use or access any portion of this website, or if you use any services or information provided by means of this website, such as RSS feeds or blogs, you are agreeing with the website owner, Local Matters, Inc. ("LMI"), that you will observe and be bound by the Terms of Use stated below.
LMI may revise, amend or terminate these Terms of Use without further notice and at any time. LMI may terminate access to this site at any time, in its sole and absolute discretion, for any reason or for no reason. LMI may modify or revise any portion of this site and any content appearing on or through this site, at any time, without notice. Nothing in these Terms of Use, and nothing appearing on or through this site, will modify or supersede any other contract to which LMI is a party, whether existing now or in the future.
Website security
You may not do any of the following:
• abuse or harm this site or any services, system resources, accounts, servers or networks connected to or accessible through this site or through any affiliated or linked website;
• disrupt or interfere with the security of this site;
• interfere with any other user's enjoyment of this site or of any affiliated or linked website;
• upload, post or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files; or
• obtain or attempt to obtain unauthorized access to this site or to any portion of this site to which access is restricted.
User-generated content, including blogs and comments
The rules in this section apply to any user-generated content posted or uploaded to this site. User-generated content includes blog postings, comments, forum messages, reviews, activities, video, audio, photographs, as well as shared items of any kind, including computer code and applications.
If you submit user-generated content for inclusion in this site in any manner you may not do any of the following:
• publish, distribute or communicate any libelous, defamatory, obscene, pornographic, abusive, or otherwise inappropriate material;
• threaten or verbally abuse other users or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam";
• use “hate speech”, including language that abuses, demeans or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, disability or region; or
• distribute or otherwise publish any material containing any solicitation of funds, advertising or promotion.
User-generated content may be edited, removed, modified, published, transmitted and displayed by LMI in its sole discretion, and you waive any rights you might have to prevent LMI from making changes to any user-generated content you submit, even if it is changed in a way that you find objectionable. LMI may include any user-generated content in its RSS feeds and APIs and may make available any user-generated content for republishing through other formats and media.
You grant LMI a perpetual, nonexclusive, world-wide, fully paid, royalty free, sublicensable license to any user-generated content that you submit, which includes without limitation the right for LMI, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify or adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), in any form or medium now known or hereafter developed.
You are solely responsible for your user-generated content. LMI does not review every item of user-generated content and accepts no responsibility for user-generated content.
By submitting user-generated content for inclusion on this site, you are consenting to having it displayed and published on the site for any lawful purpose that LMI may choose, in its sole discretion. LMI may delete, move or edit any user-generated content, for any reason or for no reason.
Intellectual property
All copyrightable subject matter appearing on this site is the sole and exclusive property of LMI. Copyrightable subject matter includes, without limitation, logos, design, text, graphics, software, other files and the selection and arrangement thereof. All trademarks and service marks used on this site are the property of their respective owners, which may include LMI, and if you use or reproduce any trademark or service mark without first obtaining the permission or approval of its owner, you do so at your sole peril and risk. The following is a list of some, but not all, the trademarks and service marks owned by LMI that may be used on this site: Local Matters™, Destination Search™, Destination Search RE™, DigitalSeen™, ProFinder™, SideWalk™ and Traffic Director™. Certain portions of the content on this site, such as page headers, button icons, graphics, custom link styles and other non-functional elements, may constitute trade dress protectable under trademark, copyright or other laws. Nothing on this site or any affiliated or linked site will constitute or evidence a license of any of LMI’s copyrights, trademarks or other intellectual property, and LMI reserves all its rights in that intellectual property. The use of any portion of the content of this site without the express permission of LMI is prohibited and may constitute a violation of LMI's intellectual property rights. You may not reproduce, perform, modify, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any content that you obtain on or through this site without the express permission of LMI.
Digital Millennium Copyright Act
If you believe that any content available by means of this site infringes one or more of your copyrights, please notify us by mailing and emailing a written notice containing the information described below to the designated agent listed below. All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder. Notices that do not comply with these requirements may be returned unprocessed. No other notices or inquiries of any type, including requests for information, technical support questions, notices of infringement of third-party trademark or patent rights, employment inquiries, press inquiries or investor inquiries, will be read or answered if directed to the designated agent identified below.
Designated agent:
Local Matters, Inc.
Attn: Copyright Agent or Legal Department
1221 Auraria Parkway
Denver, CO 80204
Main Telephone: 303 572-1122
Facsimile: 303 572-1123
Email: copyright@localmatters.com
Links to and from this site
You may provide a link to this site from another website, provided that you observe the following conditions:
(1) The appearance, position and other aspects of the link may not damage or dilute the goodwill associated with LMI's name and trademarks.
(2) The appearance, position and other aspects of the link may not create the false impression that any person or entity is associated with or sponsored by LMI.
(3) The link, when activated by a user, must display the site http://www.localmatters.com/ full-screen and not within a "frame" on the linked website.
LMI may, in its sole discretion, revoke consent to link to this site at any time, for any reason or for no reason, for a specific user or for certain types or groups of users. This site may provide links to other websites that are not under LMI’s control. Links to other websites do not imply any affiliation with those websites and are not intended as an endorsement or warranty by LMI with respect to the linked site, its owner or the information on the site.
Indemnification
You agree to defend, indemnify and hold harmless LMI and its parents, subsidiaries, affiliates, associates and partners, and their respective officers, directors, agents and representatives, for any and all claims, losses, demands, suits, liabilities or expenses of any kind, including reasonable attorneys' fees, expenses and court costs that arise from your use of this site or from any breach of these Terms of Use.
No warranty
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LMI DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE ON A CONTINUOUS OR UNINTERRUPTED BASIS, OR THAT IT WILL BE ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. LMI MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER REGARDING THIS SITE. ADDITIONALLY, LMI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING INFORMATION APPEARING ON THIS SITE OR ACCESSIBLE THROUGH THIS SITE. NO ADVICE OR INFORMATION GIVEN BY LMI OR ANY OF ITS EMPLOYEES AND REPRESENTATIVES ON OR THROUGH THIS SITE WILL CREATE ANY WARRANTY. NEITHER LMI NOR ANY OF ITS EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Limitation of liability
YOU ASSUME ALL RISK OF USING THIS SITE. LMI WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION FROM ANY OF THE FOLLOWING CAUSES: OTHER USERS ACCESSING YOUR COMPUTER, OTHER SECURITY BREACHES, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SITE, YOUR RELIANCE ON OR USE OF INFORMATION OR MATERIAL OBTAINED FROM THE SITE, ANY DEFECT IN THIS SITE, OR ANY FAILURE OF PERFORMANCE OF THIS SITE.
General
These Terms of Use are governed by the laws of the State of Colorado, USA, without regard to conflict of laws provisions. Any dispute regarding this site must be resolved in a state or federal court located in Colorado. You consent to the exercise of personal jurisdiction by these courts and waive any objection you might otherwise have to jurisdiction or venue in Colorado.
Last update: July 1, 2011
© 2011 Local Matters, Inc. All Rights Reserved