Terms of service

The following terms and conditions govern all use of the SpottedbyLocals.com website and all content, services and products available at or through the website. The Website is owned and operated by Spotted by Locals. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Spotted by Locals’ Privacy Policy) and procedures that may be published from time to time on this Site by Spotted by Locals (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Spotted by Locals, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Advertising Disclosure
In the spirit of full disclosure, Spotted by Locals receives no payment for our recommendations of any products or services on this site except when explicitly mentioned in the post (“Sponsored posting”). Some advertisers that appear on this site may pay fees to Spotted by Locals when a visitor clicks through their advertisements.

Responsibility of Website Visitors
Spotted by Locals has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Spotted by Locals does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Spotted by Locals disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Copyright Infringement and DMCA Policy
As Spotted by Locals asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to violates your copyright, you are encouraged to notify Spotted by Locals in accordance with Spotted by Locals’s Digital Millennium Copyright Act (“DMCA”) Policy. Spotted by Locals will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Spotted by Locals will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Spotted by Locals or others. In the case of such termination, Spotted by Locals will have no obligation to provide a refund of any amounts previously paid to Spotted by Locals.

Intellectual Property
This Agreement does not transfer from Spotted by Locals to you any Spotted by Locals or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Spotted by Locals. Spotted by Locals, the Spotted by Locals logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Website are trademarks or registered trademarks of Spotted by Locals or Spotted by Locals’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Spotted by Locals or third-party trademarks.

Spotted by Locals reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Spotted by Locals may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Spotted by Locals may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties
The Website is provided “as is”. Spotted by Locals and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Spotted by Locals nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability
In no event will Spotted by Locals, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Spotted by Locals under this agreement during the twelve (12) month period prior to the cause of action. Spotted by Locals shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Spotted by Locals Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Spotted by Locals, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

This Agreement constitutes the entire agreement between Spotted by Locals and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Spotted by Locals, or by the posting by Spotted by Locals of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Netherlands.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Spotted by Locals may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These terms of services (not the content of the website!) are published under a Creative Commons CC BY-SA 3.0 License.

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Last Changed Date: 2016-05-19 11:45:13 +0200 (Thu, 19 May 2016)