Terms of Service
1. Using Localicity a. Who can use Localicity You may use our Products only if you can form a binding contract with Localicity, and only in compliance with these Terms and all applicable laws. When you create your Localicity account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. b. Our license to you Subject to these Terms and our policies we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. c. Commercial use of Localicity If you want to use our Products for business purposes you must create a Merchant account. Once you have signed up for a Merchant account, you can create Product Listings that represent your business and business products.
2. Your Content Made in Localicity a. Posting content Localicity allows you to post content, including photos, video, links and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Localicity. By using the Product, you represent and warrant that you are the owner of, and/or have the right to access and use the images that you access and use on the Product regardless of whether you access those images from the hard drive of your computer, from your mobile device or through your Facebook, Instagram, YouTube, Dropbox (or similar) account. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources may not be used through the Product without express consent of the copyright holder. If your accepted User Content was taken with an unmanned aerial vehicle (drone) or other unmanned device, you represent and warrant that you have adhered with all local laws and access requirements in the operation of the drone and capture of the accepted User Content, including any necessary licenses, permissions and permits to own and operate such unmanned device. b. How you, Localicity and other members can use your content
3. Copyright Policy Localicity has adopted and implemented the Localicity Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please contact us through our contact form located on localicity.ca.
4. Security We care about the security of our users. While we work to protect the security of your content and account, Localicity cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-party links, sites, and services Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Localicity. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Localicity, you do so at your own risk and you agree that Localicity will have no liability arising from your use of Localicity or access to any third-party website, service, or content.
6. Termination Localicity may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
7. Indemnity If you use our Products for commercial purposes without agreeing to our Terms as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Localicity and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
8. Disclaimers The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Localicity SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Localicity takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, Localicity SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Localicity AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN $100.00).
10. Arbitration For any dispute you have with Localicity, you agree to first contact us and attempt to resolve the dispute with us informally. If Localicity has not been able to resolve the dispute with you informally, we each agree to resolve any Localicity claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration, except as provided herein. Unless you and Localicity agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any filing, administrative and arbitrator fees, except that Localicity will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Localicity ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. To the extent any claim, dispute or controversy regarding Localicity or our Products isn’t arbitrable under applicable laws or otherwise: you and Localicity both agree that any claim or dispute regarding Localicity will be resolved exclusively in accordance with Clause 11 of these Terms.
11. Governing law and jurisdiction These Terms shall be governed by the laws of the Province of Alberta, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a provincial court located in Nelson, British Columbia, Canada for any actions not subject to Section 10 (Arbitration).
Submit a copyright complaint To submit a notice, please provide the below information:
1. Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.
2. Identify the content on Localicity you claim to be infringing your rights, including the information we need to help us find it, like the URL to the page on Localicity.
3. Provide your mailing address, phone number and email address.
4. Include both of these statements in the body of your notice:
1. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)."
2. "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or Localicity authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed."
5. Include your full legal name and your electronic or physical signature (for example, by typing your full name). If the work you’re reporting is an accepted form of media on our Product, you can ask for all copies of that media (image, video, PDF, Word Document etc.) to be removed.
At the beginning of your notice, just ask us to “remove all copied media.” Please note that we can only remove identical copies of media. If a media file has been resized or altered, we won’t be able to find or remove it. Send your completed notice to: Localicity, 91C Baker St, Nelson, BC V1L 4G8 Email: please use our submission form under the “Contact” link.
What if I get a copyright complaint notification? If you’ve gotten a notification that one of your Product Listings, Pictures or Profiles has been removed for a copyright complaint, it means the content owner asked us to remove it. If you want us to forward the information from the copyright complaint notification, just email us to let us know (we may remove some personal contact information). If your account gets too many copyright complaints, you could lose the ability to save Products Listings on Localicity, or we may disable your account altogether. If you think we made a mistake removing your content, you can file a counter-notice. When we get a valid counternotice, we’ll remove the complaint from your account's record. Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure you have a good faith belief that we removed the content in error, and that you understand the repercussions of submitting a false claim. How to file a counter-notice
Email your counter-notice to us and include all of the following:
1. Your name, address and phone number.
2. The web address of the content we removed (copy and paste the link from the notification email).
3. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
4. A statement that you consent to the jurisdiction of Supreme Court for the judicial district in which your address is located, or if your address is outside of Canada, for any judicial district in which Localicity may be found, and that you’ll accept service of process from the person who provided the original complaint.
5. A physical or electronic signature (for example, by typing your full name). Localicity is committed to providing and safe and responsible e-commerce solution. Our objective is to provide a simple and easy to use platform template, for users to share their Product Listings with their community and for consumers to easily support local businesses. We hope you can benefit from our design and functionality, just as many other users have.