End User Terms of Service
The Service and Purpose of These Terms
This agreement (the "Terms" or "Agreement") pertains to your access to LocaModa websites, including locamoda.com, jumbli.tv, and wiffiti.com (the “Websites”) and LocaModa services, including the LocaModa application on the Facebook™ Platform. The Websites and services are collectively referred to as the “Service.” This Agreement includes the policy for acceptable use of the Service and content posted on the Service and sets forth your rights, obliations and use regarding the use of the Service. Your may receive a copy of this Agreement by emailing us at firstname.lastname@example.org.
By accessing or using our Service you (the "User") signify that you have read, understand and agree to be bound by this Agreement. Please read these Terms carefully. If you do not agree with them, you should leave the Website and/or you should not use the Service.
Use of the Service is void where prohibited. The Service is intended solely for users who are thirteen (13) years of age or older Any use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Service, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
New Terms. To use the Service, you may be required agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into these Terms. The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface, or use a software or other product in connection with the Service, you may be subject to additional terms and conditions.
Modification. We reserve the right, in our sole discretion, to modify these Terms at any time without further notice. You agree that such modification shall be effective upon posting on the Websites. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is therefore important that you review these Terms on the Websites regularly to ensure you are updated ragarding any changes. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. Your sole remedy should you not agree with the altered Terms shall be to cease use of the Service.
Mobile Service. The Service includes certain services that are available via your mobile phone, (the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you regarding LocaModa and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Your Conduct And Activities During Use Of The Service
Personal Non-Commercial Use. You agree that your access to the Service is for your sole, personal use and that you will not make any use (apart from the creation of a Location Profile Page and the Content therein) of the Service, the Websites, or their contents for any commercial purposes, such as interactive marketing or advertising sales, without a commercial agreement with LocaModa. If you want to make commercial use of the Service, you must enter into an agreement with LocaModa to do so in advance. Please contact us for more information at email@example.com
Unauthorized Conduct. You agree that you will not engage in any illegal or prohibited conduct, on or through the Service or the Websites, including but not limited to the following:
Illegal Activity. You agree not to: (i) engage in any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, violation of export control laws or any other use of the Service in a manner inconsistent with any and all applicable local, state, national and international laws and regulations or (ii) use the Service for any illegal or unauthorized purpose. International Users must comply with all local laws regarding online conduct and acceptable content.
Advertising Or Solicitation. You agree not to: (i) create, upload, post, e-mail, transmit, submit or otherwise make available unsolicited commercial messages to any Users except in areas designated for such purpose; (ii) engage in advertising to, or solicitation of, any User to buy or sell any products or services except in areas designated for such purpose; (iii) collect usernames and/or email addresses for the purpose of sending unsolicited email; (iv) use any information obtained from the Service or its Websites in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed by LocaModa without notice and may result in termination of your access to the Service.
Obscuring Advertisements. You agree not to cover or obscure the banner advertisements on any of the Websites via HTML/CSS or any other means. Scripting, Hacking Or Interfering. You agree not to: (i) make any automated use of the Service, (such as through scripts, data mining, robots, screen-scraping, or similar data gathering and extraction tools); (ii) make available any material that contains software viruses, worms, any other code, files or programs of a destructive nature (or designed to interrupt, destroy or limit the functionality of the Service or user software or hardware); (iii) interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service; or (iv) act in a manner that negatively affects the ability of other Users to use the Service or engage in real-time dialogue via the Service's messaging services.
Impersonation. You agree not to (i) attempt to or actually impersonate another User or person; or (ii) use any information obtained from the Service in order to impersonate another User or person.
Harassment. You agree not to abuse, harass, threaten, intimidate or harm Users or another persons or use any information obtained from the Service in order to do so.
False Association And Attribution. You agree not to: (i) engage in any conduct or statement that states or implies any false association between LocaModa or its Service and yourself or another entity, (ii) forge or manipulate headers or identifiers in order to disguise the origin of any content transmitted through the Service; or (iii) misattribute or otherwise claim as your own the copyrighted works of another party.
Unauthorized Content. The following prohibitions are applicable to all information that you upload to or through the Service ("Content"). You agree that you will not post or transmit any prohibited Content, including but not limited to the following:
Inappropriate Material. You agree not post on the Service (including but not limited to Location Profile Pages), or transmit to other Users any Content or material that: (i) is illegal, inaccurate, false, misleading, defamatory, abusive, obscene, profane, vulgar, tortious, libelous, patently offensive; (ii) promotes illegal activities or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (iii) is sexually oriented or sexually explicit, or that contains nudity or obscene or lewd subject matter, exploits people in a sexual manner, contains a link to an adult website, or uses sexually suggestive imagery; (iv) solicits personal information from anyone under 18; (v) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (vi) provides any telephone numbers, street addresses, last names, URLs, or email addresses of any other person; (vii) includes a photograph of another person that you have posted without that person's consent; (viii) is excessively violent or exploits people in a violent manner; (ix) is threatening, harassing or abusive, or which advocates threats against, harassment of or abuse of another person; (x) is hateful, harmful or racially offensive, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (xi) infringes or violates another party's rights (including, but not limited to, copyrights, licenses, other intellectual property rights, contractual, or fiduciary rights and obligations, and rights of privacy and publicity); (xii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (xiii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (xiv) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xv) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (xvi) contains unfair, misleading or deceptive Content intended to draw traffic to the profile or other page; or (xvii) otherwise offensive or objectionable.
Personal Information. Publicly accessible information made available by the User may not include the User’s telephone number, street address or last name. Content of Other Users. The Service may contain Content of Users and other licensors. Except for Content created and posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service or its Websites.
You Are Responsible For Your Conduct And Your Content. With respect to the Service, you are fully and solely responsible for (a) any activity that occurs under your screen name or password, including any violation of this Agreement, (b) your own conduct and your interactions with other Users, and (c) any Content, material or information that you upload, create, post, display, publish, e-mail, communicate, transmit or otherwise make available, or that you transmit to other Users.
LocaModa's Rights Regarding Conduct And Content. LocaModa reserves the right to investigate and take appropriate action against anyone who, in LocaModa's sole discretion, (a) violates the foregoing provisions regarding prohibited conduct and Content, (b) violates or is alleged to violate any applicable law or the letter or spirit of this Agreement, (c) engages in conduct that may be offensive, illegal or violates the rights, harms, or threaten the safety of any person. LocaModa’s action may include, without limitation, reporting you to law enforcement authorities, terminating your access, and/or removing, refusing or moving offending Content from the Service or Websites. If a dispute or claim arises from Content, LocaModa reserves the right to remove the Content until a bona fide resolution has been reached. LocaModa is in no position to resolve such claims or disputes, and we will not referee your disputes. There are no assurances whatsoever that any Content you submit shall actually be utilized on the Websites or, if so utilized, continue to be available for any particular time.
Disclaimer Regarding Conduct And Content. Despite the above-stated prohibitions on inappropriate conduct and Content, information provided by Users and conduct of Users may violate some or all of the foregoing prohibitions. LocaModa does not endorse and has no control over the conduct or Content of its Users. User conduct and Content is not necessarily reviewed by LocaModa and does not necessarily reflect the opinions or policies of LocaModa. LOCAMODA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THIS CONDUCT OR CONTENT AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO USER CONDUCT OR CONTENT, INCLUDING ITS ACCURACY OR RELIABILITY, OR OF ANY MATERIAL OR INFORMATION THAT YOU OR OTHER USERS TRANSMIT BY OR THROUGH THE SERVICE. LocaModa assumes no responsibility for monitoring the Service or Websites for inappropriate conduct or Content. If at any time LocaModa chooses, in its sole discretion, to monitor the Service or Websites, LocaModa nonetheless assumes no responsibility to modify or remove any inappropriate Content, and no responsibility for the conduct any User.
Reporting. If you become aware of misuse of the Service or its Websites by any person, including any inappropriate conduct or Content, please contact LocaModa at firstname.lastname@example.org.
Proprietary Rights in Content That You Provide to the Service
You Have All Necessary Rights. For all Content that you upload to or through the Service or the Websites, you represent and warrant that (a) you own or otherwise have all rights, approvals, licenses and/or consents necessary to submit the Content and (b) use of the Content on or through the Service or the Websites does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person.
License of Uploaded Content to LocaModa. By displaying or publishing ("uploading") any Content on or through the Service or the Websites, you hereby grant to LocaModa a limited license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such Content (in whole or in part) or prepare derivative works, in any format or medium now known or later developed, and synchronize such Content with video solely on and through the Service, its Websites or its affiliates. The license is non-exclusive (meaning you are free to license your Content to anyone else in addition to LocaModa), fully-paid and royalty-free (meaning that LocaModa is not required to pay you for the use on the Service or its Websites of the Content that you upload), sublicensable (so that LocaModa is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service and Websites and to permit Users to view, hear, read, stream, download and link to your Content), and worldwide (because the Internet, the Service and the Websites are global in reach). The license does not grant LocaModa the right to distribute your Content outside of the Service or its Websites. Except as otherwise provided herein, LocaModa may not transfer or sell its Content license to others. You represent and warrant that you have sufficient ownership rights to grant this license.
Content Removal. You can remove your Content at any time through your LocaModa application configuration. Removal will not terminate any Content licenses granted.
Proprietary Rights In LocaModa's And Third-Party Content And Technology
LocaModa's Ownership Of Proprietary Rights. The Service contains Content and technology of LocaModa that is protected by copyright, trademark, patent, trade secret and other laws.
Service. You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information of LocaModa and its licensors and you agree that except for the limited license granted hereunder, all right, title and interest to the Service and the contents therein remains with LocaModa or third parties.
Websites. The compilation of content comprising the Service and its Websites are the exclusive property of LocaModa and protected by U.S. and international copyright laws.
Software. All software used on the Websites is the property of LocaModa or its software licensors and is protected by United States and international copyright laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software constituting or provided through the Service. You agree not to circumvent any technology used by LocaModa or its licensors to protect content accessible via the Service.
Trademarks. LocaModa, Inc., Wiffiti, and other trademarks, trade names, servicemarks and logos used and displayed on the Service are the property of LocaModa, Inc. or third party owners ("the Marks"). Without prior permission from LocaModa, you agree not to display or use the Marks in any manner.
Patents. There are patents pending on Websites and the Service. You agree that all right, title and interest to such patents remain with LocaModa.
Limited License Of LocaModa Content To User. Subject to the terms and conditions hereof, LocaModa hereby grants you a non-exclusive, limited, revocable, nonsublicensable license to (i) use the LocaModa Services and (ii) display the LocaModa Content (excluding any software code) solely in connection with for your personal use of the Service. No other rights are granted to User in LocaModa Content other than those rights granted explicitly herein.
General. LocaModa reserves the right, but has no obligation, to take any of the following actions in its sole discretion at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions.
Fees. You acknowledge that LocaModa reserves the right to charge for the Service and its Websites and to change its fees from time to time in its discretion. If LocaModa terminates your access because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Availability. LocaModa may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and LocaModa shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. LocaModa has no obligation to continue producing or releasing new versions of the Service or any associated software and/or Content.
Disputes Between Users. You are solely responsible for your interactions with other Users of the Service or its Websites. LocaModa reserves the right, but has no obligation, to monitor disputes between you and other Users.
Term And Termination
Term. This Agreement shall become effective upon your acceptance of the Terms by your use of the Service and shall remain in effect in perpetuity unless terminated hereunder.
Termination. LocaModa may terminate your access at any time, for any reason or no reason, without explanation. LocaModa shall not be liable to you or any third-party for any termination of your access, made in LocaModa's sole discretion.
Disclaimers, Warranties And Limitations On Liability
Disclaimers. LocaModa is not responsible for any incorrect or inaccurate Content posted on or through the Service or its Websites, whether caused by Users or by any of the equipment or programming associated with or utilized in the Service or its Websites. Location Profile Pages created and posted by Users may contain links to other websites. LocaModa is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LocaModa. Inclusion of any linked website on or through the Service or its Websites does not imply approval or endorsement of the linked website by LocaModa. When you access these third-party sites, you do so at your own risk. LocaModa takes no responsibility for third party advertisements that are posted on or through the Service or its Websites, nor does it take any responsibility for the goods or services provided by its advertisers. LocaModa assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. LocaModa is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the Service or a combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service or its Websites. Under no circumstances shall LocaModa be responsible for any loss or damage, including without limitation personal injury or death, resulting from use of the Service or its Websites, attendance at a LocaModa event, from any Content posted on or through the Service or its Websites, or from the conduct of any Users of the Service or its Websites, whether online or offline.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOCAMODA PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOCAMODA MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOCAMODA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY SERVICES PROVIDED TO THE USER UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOCAMODA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN THE EVENT OF LOCAMODA'S BREACH OF WARRANTY, THE SOLE AND EXCLUSIVE REMEDY SHALL BE THE LESSER OF A REFUND OF THE AMOUNTS PAID FOR THE SERVICE BY THE USER OR $10.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LOCAMODA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LOCAMODA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL LOCAMODA'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE LESSER OF AMOUNTS PAID BY YOU FOR THE SERVICE OR $10.
CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
U.S. Export Controls. Software available in connection with the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Accuracy. Opinions, advice, statements, offers, information or other Content made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LocaModa does not: (i) guarantee the accuracy, completeness or usefulness of any information on the Service, and (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than LocaModa. Under no circumstances will LocaModa be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to or by any registered users.
Advertisements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that LocaModa shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Indemnity. You agree to indemnify and hold harmless LocaModa, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or Use of the Service, including any breach by you of the terms of this Agreement and any claims arising from the Content you submit, post, transmit or make available through the Service or its Websites, or your use of the Service or its Websites.
Rights Reserved. LocaModa and user retain all rights and licenses not explicitly granted hereunder.
Binding Agreement. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Choice of Law and Forum. These Terms, the relationship between you and LocaModa, and any dispute involving the Service, the Websites or these Terms, shall be governed by (and construed and interpreted in accordance with) the internal laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions or your actual state or country of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the federal and state courts serving Suffolk County, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.
Severability and Waiver. If any provision of this Agreement is for any reason held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.
Survival. Unless otherwise explicitly stated, these Terms will survive the termination of your access for any reason. LocaModa may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which this Agreement relates.
No Partnership. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.
Entire Agreement. This Agreement, contains the entire agreement between you and LocaModa regarding the use of this Service, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LocaModa services, affiliate services, third-party content, or third-party software, but unless explicitly noted otherwise, this Agreement shall govern in the event of any inconsistency between this Agreement and any such additional terms and conditions.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.
Third Party Rights. Nothing in this agreement shall confer any rights or benefits to third parties.
BY USING THIS SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.