These Terms of Service describe the terms and conditions applicable to your use of our website, www.ThingsToDo-Near.Me, and the ThingsToDo-Near.Me mobile application (collectively, the “Services”) operated by ThingsToDo-Near.Me (“we,” “our,” or “us”), and to your use of the information, materials, products, and services available through the Services. By accessing or using the Services you agree to be bound by these Terms of Service, so please read these Terms of Service carefully.
From time to time we may make available certain Services to which additional terms may apply. Additional terms will be available within those Services, and those terms will become part of your agreement with us if you choose to access or use those Services.
By using the Services you agree and acknowledge that:
You can form a legally binding contract with ThingsToDo-Near.Me
You are at least 13 years of age
You are creating an account for (1) yourself, or (2) a business or entity on whose behalf you are expressly authorized to create an account
If you are accessing or using the Services on behalf of a business or other entity, you are authorized to grant all licenses set forth in these Terms of Service and to agree to these Terms of Service on behalf of the business or entity
You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction – meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition
You will comply with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations
We grant you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, nonexclusive, revocable license to access and use the Services. This license is for the sole purpose of letting you access and use the Services as permitted by these Terms of Service. This license does not grant you any right to use branding, logos, or other content or materials used in the Services and is subject at all times to your adherence to these Terms of Service and our usage policies.
If you download or use our software, such as our mobile application, you agree that the software may occasionally download and install upgrades, updates, and additional features from us to improve, enhance, and further develop the Services. You may not copy, modify, distribute, rent, sell, lease, transfer, or assign any part of the Services. You may not reverse engineer or attempt to extract the source code of software underlying the Services unless applicable laws prohibit these restrictions or where you have our written consent.
We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. If we do so, all licenses and other rights granted to you in these Terms of Service will immediately cease. We reserve the right to remove, delete, edit, limit, or block access to any information available through the Services, including any information you provide, with or without notice to you. We have no obligation to display or review the information that we collect.
The Service may allow you to upload, submit, store, send, or receive content, including but not limited to, information, text, graphics, videos, audios, or other material (“Content”). You retain ownership of any intellectual property rights that you hold in that Content. When you upload, store, send or receive Content to or through the Service, you give us and our service partners a perpetual, royalty-free, worldwide license to host, store, reproduce, upload and download this Content and only for the purpose of providing the Service strictly to you and your use of the Content. We reserve our right at all times, but are not obligated, to remove or refuse to distribute any Content through the Service including your Content.
We are not responsible for, and do not endorse, Content posted within the Services. Although we’re not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including if your Content violates these Terms of Service. You will remain responsible for the Content that you upload, submit, store, or send through the Services.
We may also allow user submissions of publicly displayed content for specific incorporation into the Services (e.g. you submit photos for display within the Services). If you submit any content for incorporation into the Services you maintain all copyright and ownership rights. In addition you grant us a worldwide, non-exclusive, royalty-free license to use, distribute, reproduce, modify, adapt, and publicly display such content on the Services solely for the purpose for which such content was submitted or made available.
We welcome your ideas and suggestions about improving the Services. You agree that we may use or incorporate any suggestions or recommendations submitted by you without compensation or attribution, and you hereby assign to us all rights, title and interest in and to such suggestions or recommendations.
We respect the rights of others and requires its users do the same. In accessing or using the Services, you agree to the following:
You will keep your login credentials secure.
You will not create another account if we have already disabled your account.
You will not sell, transfer, license, or assign access to your account.
You will not solicit, collect, or use the login credentials of other ThingsToDo-Near.Me users.
You must not create accounts with or access the Services through unauthorized means, including but not limited to by using an automated device, script, bot, spider, crawler, scraper, or unauthorized third-party application or client.
Your Use of Your Account
You must not access or use the Services for any illegal or unauthorized purpose.
You are responsible for any activity that occurs through your account and you agree that you will not rent, sell, transfer, license, or assign your account, username, or any account rights.
You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Services.
You may not access or use the Services or any information or content we make available on the Services for any purposes (including commercial purposes) not explicitly authorized by us, except as otherwise allowed by law. You may not copy, modify, distribute, rent, sell, lease, transfer, assign, perform, publicly display, make available, or otherwise use any portion of the Services or the content made available on the Services except as set forth in these Terms of Service or with our written consent.
You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Service.
You must not change, modify, adapt, or alter the Services or change, modify, adapt, or alter another website so as to falsely imply that it is associated with the Services.
You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of ThingsToDo-Near.Me's page is rendered or displayed in a user's browser or on a user’s device.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of the Services or any system or network.
We may make services, features, or functionalities available to you (including through links) that are operated by a third party. Each party’s terms will govern your relationship with them. We are not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
You agree to hold harmless ThingsToDo-Near.Me, our directors, officers, employees, affiliates, representatives, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses, including attorneys’ fees, due to or arising out of or in connection with your access or use of the Services or your breach of these Terms of Service, to the extent permitted by law.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. YOU UNDERSTAND THAT, BY ACCESSING AND USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE AND THAT WE ARE NOT RESPONSIBLE FOR SUCH CONTENT. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY DAMAGE (WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) INJURY, CLAIM, LIABILITY, OR ANY OTHER CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY CONTENT.
BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
ThingsToDo-Near.Me AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES MADE AVAILABLE ON OR THROUGH THE SERVICES; OR (III) UNAUTHORIZED USE, ACCESS, OR ALTERATION OF THE SERVICES OR YOUR CONTENT ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ThingsToDo-Near.Me'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED $100.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
In the unlikely event that we have not been able to resolve a dispute with you after attempting to do so informally, both parties each agree to resolve any claim, dispute, or controversy (excluding any ThingsToDo-Near.Me claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Los Angeles, California, under the commercial rules then in effect for the AAA, except as provided herein. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. 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. The prevailing party will be entitled to recover its attorneys’ fees and costs in connection with such an action.
Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to protect any of our proprietary interests. Except as otherwise provided in these Terms of Service, all remedies are cumulative and in addition to (not in lieu of) any other remedies available to a party at law or equity.
If any provision of these Terms of Service is found unenforceable, then that provision will be severed from these Terms of Service and not affect the validity and enforceability of any remaining provisions. These Terms of Service make up the entire agreement between you and ThingsToDo-Near.Me, and supersede any prior agreements. These Terms of Service do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms of Service, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms of Service without our consent.