1. Acceptance of LocalCT.com Terms
Welcome to the LocalCT.com Service (“Service”). Your use of the Service is subject to these Terms. LocalCT.com reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference.
2. Description of Service
LocalCT.com provides a business-to-business (B2B) service for any business that is owned and operated within the state of CT. The Service provides functionality that allows LocalCT.com users who have a valid LocalCT.com Business Account (“You”) to upload and tag content including photos and any other content (“Your Content”) to be hosted by LocalCT.com and to be indexed and crawled by LocalCT.com’s search technology for public display on LocalCT.com’s website for the public posting, viewing and sharing of Your Content with others. You expressly acknowledge and agree that the Service is a public service, that once You submit Your Content for inclusion into the Service, it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content.
3. Prohibited Content and Conduct
By submitting Your Content, You agree:
- that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to Your Content, and any other works that You incorporate into Your Content, and to authorize LocalCT.com to use Your Content in the manner contemplated in these Additional Terms.
- that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person’s name or likeness for use and inclusion in the Service in the manner contemplated in these Additional Terms.
- not to include in any of Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
4. Submission of Your Content to LocalCT.com
You retain ownership to Your Content that You submit for inclusion into the Service. However, by submitting Your Content to LocalCT.com, You hereby grant LocalCT.com the following worldwide, perpetual, royalty-free, non-exclusive, sublicensable and transferable rights and licenses:
- to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode Your Content to appropriate media formats, standards or mediums as part of the Service;
- to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display Your Content on the Service or on any LocalCT.com property, including in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
- to use Your Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Content in any media format or medium and through any media channels.
By submitting Your Content for inclusion into the Service, you also grant the following perpetual, non-exclusive license to, use of and rights to Your Content to others (such “others” may include but are not limited to LocalCT.com Users): (i) to access, distribute and/or display Your Content through the Service; (ii) the ability for LocalCT.com registered users (“LocalCT.com Users”) to rate, review, comment on and tag Your Content; and (iii) the ability to access, reproduce, distribute and/or perform Your Content via LocalCT.com’s web service APIs or via RSS or any similar XML or related feeds.
The foregoing licenses granted by You shall terminate within 30 days once You request removal or delete, as applicable, Your Content from the Service.
5. Advertising Rights
LocalCT.com reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with Your Content, and LocalCT.com will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate LocalCT.com to sell, license or offer to sell or license any advertising, promotion or distribution rights.
You agree to indemnify and hold harmless LocalCT.com, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of and access to the Service, Your violation of the TOS, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.
7. LocalCT.com’s Reservation of Rights
In addition to all other legal remedies available to LocalCT.com, You acknowledge that LocalCT.com has the right to remove Your Content from the Service or refuse to include Your Content in the Service, suspend or terminate Your LocalCT.com account or refuse to grant You access to any current or future use of the Service or any LocalCT.com service with or without warning if LocalCT.com, in its sole discretion, believes You have: (i) violated or tried to violate the rights of LocalCT.com or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the TOS.
8. Invalidity of Specific Terms
If any provision of these Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
9. Location of Lawsuit
The TOS, which apply to Your use of the Service, provide that both You and LocalCT.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield, Connecticut, USA.