terms of service
Welcome to Local Pickins! Local Pickins is owned and operated by Local Pickins, LLC (“Local Pickins,” “we,” “us,” or “our”). We know that legal terms can be a little boring and dry, but they are important. We ask that you take some time to read through them and let us know if you have any questions.
Local Pickins allows you to learn about local food purveyors and provide your thoughts, feedback, and pictures about those food purveyors in a public forum on the Internet via our website www.localpickins.com, its associated sub-pages, our mobile applications, and any application programming interfaces (APIs) (the “Services”). Please read these terms of service carefully (“Terms of Service”) as they apply to your access and use of the Services. By using and accessing the Services, you agree to be bound by these Terms of Service and any other policies and guidelines we provide from time to time. If you do not agree to all of the terms and conditions in these Terms of Service, please do not use the Services. Please feel free to print a copy of these Terms of Service for your records.
Local Pickins reserves the right to change or modify these Terms of Service or any policy or guideline of the Services, at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
You agree and represent that: (i) all of your registration and account information is true, accurate and complete (ii) you will maintain the security of your password, (iii) you accept all responsibility for all activity that occurs under your user name and (iv) any breach or suspected breach of any of the above representations may result in immediate termination of your account or suspension of your account.
You acknowledge that it is your responsibility to ensure that any text, data, pictures, images, photos, or any other content (“Your Content”) that you post on the Services does not hurt or offend anyone or violate any laws, rules, policies or regulations. Local Pickins respects your rights and does not wish to censor any of Your Content, however, we also must balance those activities with the protection of others’ rights. You are solely responsible for your use of the Services and Your Content that you post or submit. You agree to use the Services at your own risk. However, by using the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. (By posting any of Your Content, you represent and warrant that you have the lawful right to distribute and reproduce Your Content);
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying any interactive areas of the Services.
Local Pickins takes no responsibility and assumes no liability for any of Your Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As the provider of the Services, we are not liable for any statements, representations, Content or Third Party Content (as defined below) provided by users on the Services or in any public forum. Although we have no obligation to screen, edit or monitor any of Your Content posted on the Services, we reserve the right, and have absolute discretion, to remove, screen or edit any of Your Content posted or stored on the Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing, any of Your Content you post or store on the Services, at your sole cost and expense.
Grant of Rights
Third Party Content
We provide third party content on the Services and provide links to sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content. In the event we display advertisements and promotions from any third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services, your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information on the Services.
If you choose, you may receive SMS/text messages (similar “push” notifications) from the Services in response to your one-time request, or in response to a subscription (like “account notifications,” where you will receive an SMS each time that there are deals, updates, offers, etc.). Message & data rates may apply per your mobile carrier’s specific rules and prices. Please do not subscribe to these if you do not want to receive any messages. If you would like to unsubscribe, please contact us immediately.
Intellectual Property and Limited License
You acknowledge that the Services and all content and other materials on the Services, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Service Materials”) are Local Pickins’ proprietary property or its licensors or users as applicable and are protected by U.S. and international copyright and trademark laws.
You are granted a limited, non-sublicensable license to access and use the Services and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Services Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms of Service and does not include: (i) any resale or commercial use of the Services or the Services Materials therein; (ii) the distribution, public performance or public display of any Service Materials; (iii) modifying or otherwise making any derivative uses of the Services and the Services Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of the Services, the Services Materials or any information contained therein, except as expressly permitted on the Services; or (vi) any use of the Services or the Services Materials other than for its intended purpose. Any use of the Services or the Services Materials other than as specifically authorized in these Terms of Service, without the our prior written permission, is strictly prohibited and will result in immediate termination of the license granted in these Terms of Service. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Indemnification/Disclaimer/Limitations of Liability
You agree, at your sole expense, to defend, indemnify and hold Local Pickins, its directors, employees and agents, independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, at law or in equity, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Services, the Services Materials, and/or our services; (ii) your conduct; (iii) your violation of these Terms of Service or your violation of the rights of any third party; or (iv) any of Your Content.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SERVICES, SERVICE MATERIALS, YOUR CONTENT, THIRD PARTY CONTENT, ANY HYPERLINKS, AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY LOCAL PICKINS CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY OF THE SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL OF THE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA THE SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, UNDER USE OF THE SERVICES, MOBILE APPLICATION AND/OR SERVICE PROVIDED HEREUNDER IN THE PREVIOUS SIX (6) MONTHS.
Applicable Law and Venue
These Terms of Service and your use of the Services will be governed by and construed in accordance with the laws of Commonwealth of Massachusetts, applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in the state and federal courts located in Massachusetts and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
Notwithstanding any terms to the contrary in these Terms of Service, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms of Service (including, but not limited to, your right to use the Services and to block or prevent your access to and use of the Services for any or no reason).
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Address of Designated Agent to Which Notification Should be Sent:
Ascentage Law, PLLC
Attention: Local Pickins DMCA AGENT
One Broadway, 14th Floor
Cambridge, MA 02142 USA
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice the Services, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Local Pickins has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Local Pickins, account holders who are deemed to be repeat infringers. Local Pickins may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THE SERVICES IS NOT MEANT FOR MINORS. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Services are not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Services to children under 13. If you are aware of any individual using or accessing the Services under the age of 13, please notify us immediately.
Updates to Terms of Service
We reserve the right to change or modify any provisions of these Terms of Service and any policies or guidelines governing your use of the Services at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on the Services. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms of Service and all applicable policies or guidelines on the Services in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms of Service or to any applicable policies or guidelines, your sole recourse is to stop using the Services.
Questions & Contact Information
Questions or comments about the Services may be directed to us at firstname.lastname@example.org.
Updated February 4, 2013.