LOCALEYES TERMS OF USE

NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

  1. PURPOSE
  2. A social media platform that connects People with Locals, to Ask your Neighbours Questions, Get Local Help, Share Local Expertise, and Keep Up with your Neighbourhood through an interactive Ask-and-Answer Interface and experience localities through the eyes of locals.

  3. USING THE LOCALEYES PLATFORM
    1. Who Can Use It
    2. Use of the LocalEyes Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Use and affirm that they accept this Agreement on your behalf and bear responsibility for your use.

      If you are accepting these Terms of Use on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.

    3. Registration
    4. You can set up a profile on the LocalEyes Platform through third-party sign-in like Google. Please read Privacy Policy of the third-party to understand about the information it shares. We will treat information we receive as part of registration in accordance with our Privacy Policy.

    5. Privacy Policy
    6. Our privacy practices are set forth in our Privacy Policy. By use of the LocalEyes Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.

    7. Safety

      In your interaction with others on the LocalEyes Platform, you agree to follow the following at all times:

      1. You will not post unauthorized commercial communications (such as spam) on LocalEyes.
      2. You will not collect users' content or information, or otherwise access LocalEyes, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
      3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on LocalEyes.
      4. You will not upload viruses or other malicious code.
      5. You will not solicit login information or access an account belonging to someone else.
      6. You will not bully, intimidate, or harass any user.
      7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
      8. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on LocalEyes.
      9. You will not use LocalEyes to do anything unlawful, misleading, malicious, or discriminatory.
      10. You will not do anything that could disable, overburden, or impair the proper working or appearance of LocalEyes, such as a denial of service attack or interference with page rendering or other LocalEyes functionality.
      11. You will not facilitate or encourage any violations of this Statement or our policies.
    8. Termination
    9. You may close your account at any time by mailing us at team@local-eyes.tech. We may terminate or suspend your LocalEyes account if you violate any LocalEyes policy or for any other reason.

    10. Changes to the LocalEyes Platform
    11. We are always trying to improve your experience on the LocalEyes Platform. We may need to add or change features and may do so without notice to you.

    12. Feedback
    13. We welcome your feedback and suggestions about how to improve the LocalEyes Platform. Feel free to submit feedback at team@local-eyes.tech. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.

  4. YOUR CONTENT
    1. Definition of Your Content
    2. The LocalEyes Platform enables you to add posts, texts, photos, videos, links, locality name and other files and information about yourself to share with others. All material that you upload, publish or display to others via the LocalEyes Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the LocalEyes Platform, Your Content may be viewed by the general public.

    3. Ownership
    4. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.

    5. License and Permission to Use Your Content.
      1. By submitting, posting, or displaying Your Content on the LocalEyes Platform, you grant LocalEyes a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the LocalEyes Platform or the promotion, advertising or marketing of the LocalEyes Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for LocalEyes to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with LocalEyes for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the LocalEyes Platform or through other media or distribution methods. This license also includes the right for other users of the LocalEyes Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Use. Except as expressly provided in these Terms of Use, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works.
      2. Once you post an answer to a question, you may edit or delete your answer at any time from public display on https://www.local-eyes.tech. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of https://www.local-eyes.tech. LocalEyes may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by LocalEyes at any time. Any edits and changes made by you may be visible to other users. The right for LocalEyes to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
      3. You acknowledge and agree that LocalEyes may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of LocalEyes, its users, or the public.
      4. You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
      5. You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the LocalEyes Platform or in violation of our Terms of Use.
    6. Your Responsibilities for Your Content.

      By posting Your Content on the LocalEyes Platform, you represent and warrant to us that:

      1. you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement,
      2. posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content.
    7. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate LocalEyes’s any other published policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

  5. OUR CONTENT AND MATERIALS
    1. Definition of Our Content and Materials.

      All intellectual property in or related to the LocalEyes Platform (specifically including, but not limited to our software, the LocalEyes marks, the LocalEyes logo, but excluding Your Content) is the property of LocalEyes, or content posted by other LocalEyes users licensed to us (collectively “Our Content and Materials”).

    2. Data

      All data LocalEyes collects (“Data”) about use of the LocalEyes Platform by you or others is the property of LocalEyes. For clarity, Data does not include Your Content and is separate from Our Content and Materials.

    3. C. Our License to You.
      1. We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the LocalEyes Platform in connection with your use of the LocalEyes Platform, subject to the terms and conditions of this Agreement.
      2. LocalEyes gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms of Use and provided that: (a) the content in question was added to the LocalEyes Platform after August 21, 2021; (b) the user who created the content has not explicitly marked the content as not for reproduction on the LocalEyes Platform; (c) you do not modify the content; (d) you attribute LocalEyes by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on https://local-eyes.tech on every page that contains Our Content and Materials; (e) upon request, either by LocalEyes or a user, you remove the user's name from content which the user has subsequently made anonymous; (f) upon request, either by LocalEyes or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the LocalEyes Platform; and (g) upon request, either by LocalEyes or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the LocalEyes Platform; (h) you don’t republish more than a small portion of Our Content and Materials; (i) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by LocalEyes, or any LocalEyes user, without separate, express prior written permission from us.
      3. We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the LocalEyes Platform or to remove content. Except for the rights and license granted in these Terms of Use, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
    4. Permitted Uses

      If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the LocalEyes Platform, subject to the following additional rules

      1. you must use a descriptive user agent header;
      2. you must follow robots.txt at all times;
      3. your access must not adversely affect any aspect of the LocalEyes Platform’s functioning; and
    5. you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning a) to create derivative works of Our Content and Materials; b) to create any service competitive to the LocalEyes Platform; or c) for other commercial purposes except as expressly permitted by these Terms of Use or the written consent of LocalEyes.
    6. No Endorsement or Verification

      Please note that the LocalEyes Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the LocalEyes Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the LocalEyes Platform by anyone.

    7. Ownership

      You acknowledge and agree that Our Content and Materials remain the property of LocalEyes's users or LocalEyes. The content, information and services made available on the LocalEyes Platform are protected by Indian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.

  6. INTEGRATED SERVICE PROVIDER.

    To create an account on LocalEyes Platform, you will enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into your account on the LocalEyes Platform. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other user data. For more information about LocalEyes’s use, storage, and disclosure of information related to you and your use of integrated services within LocalEyes, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.

  7. REPORTING VIOLATIONS OF YOUR INTELLECTUAL PROPERTY RIGHTS, LOCALEYES POLICIES, OR APPLICABLE LAWS.

    If you believe content on the LocalEyes Platform violates any of the LocalEyes’s Policies or Terms, or otherwise violates applicable law (apart from copyright or trademark violations), you may submit the following on team@local-eyes.tech. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavour to respond promptly to requests for content removal, consistent with our policies and applicable law.

  8. DISCLAIMERS AND LIMITATION OF LIABILITY

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LOCALEYES ENTITIES TO YOU.

    “LocalEyes” means LocalEyes, and licensors and partners, and the officers, directors, employees, agents and representatives of each of them. Each provision below applies to the maximum extent permitted under applicable law.

    1. We provide the platform for LocalEyes and all information and services on an “as is” and “as available” basis. LocalEyes does not control or vet user-generated content for accuracy. We do not provide any express warranties or representations.
    2. LocalEyes makes no promises with respect to, and expressly disclaims all liability for:
      1. content posted by any user or third party;
      2. any third-party website, third-party product, or third-party service listed on or accessible to you through the LocalEyes Platform, including an Integrated Service Provider or professional contributor;
      3. the quality or conduct of any third party you encounter in connection with your use of the LocalEyes Platform; or
      4. unauthorized access, use or alteration of your content.
      5. LOCALEYES IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF YOUR CONTENT ON OR ACCESIBLE THROUGH LOCALEYES PLATFORM.

      6. LocalEyes makes no warranty that:
        1. the LocalEyes platform will meet your requirements;
        2. the LocalEyes platform will be uninterrupted, timely, secure, or error-free;
        3. the results or information that you may obtain from the use of the LocalEyes platform, a professional contributor, or any other user will be accurate or reliable; or
        4. the quality of any products, services, information, or other material obtained or purchased by you through the LocalEyes platform will be satisfactory
      7. You agree that to the maximum extent permitted by law, LocalEyes entity will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, LocalEyes entity specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if we have been advised of the possibility of such damages or such damages are foreseeable) arising out of or in any way connected with your use of, or inability to use, the LocalEyes platform.
      8. You are solely responsible for your interactions with other Users. Localeyes reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Localeyes determines, in our sole discretion, that doing so is necessary to enforce this Agreement
      9. Your sole remedy for dissatisfaction with the LocalEyes platform is to stop using the LocalEyes platform.
      10. Without limiting the foregoing, LocalEyes’s maximum aggregate liability to you for losses or damages that you suffer in connection with the LocalEyes platform or this agreement is limited to the amount paid to localeyes in connection with the localeyes platform in the twelve (12) months prior to the action giving rise to liability.
    3. INDEMNIFICATION.

      You agree to release, indemnify, and defend LocalEyes Entity from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the LocalEyes Platform, ii) Your Content, iii) your conduct or interactions with other users of the LocalEyes Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

    4. DISPUTE RESOLUTION.

      This Agreement and any action arising out of your use of the LocalEyes Platform will be governed by the laws of Union of India without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with your use of the LocalEyes Platform will be brought solely in Jaipur, Rajasthan, India, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

    5. GENERAL TERMS
      1. Changes to these Terms of Use

        We may amend this Agreement (including Privacy Policy) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the LocalEyes Platform, or other manner. You can view the Agreement and our main policy any time on our website or mobile-application.

        Your failure to cancel your account, or cease use of the LocalEyes Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the LocalEyes Platform.

      2. Governing Law and Jurisdiction

        You agree that LocalEyes is operated in India and will be deemed to be solely based in India and a passive service for purposes of jurisdictional analysis. You agree that such claims will be brought in the court in Jaipur, Rajasthan, India and governed by laws of India, without regard to any conflict of law provisions.

      3. Use Outside of India

        LocalEyes expressly disclaims any representation or warranty that the LocalEyes Platform complies with all applicable laws and regulations outside of India. If you use the LocalEyes Platform outside of India, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the LocalEyes Platform.

      4. Applications and Mobile Devices

        If you access the LocalEyes Platform through a LocalEyes application, you acknowledge that this Agreement is between you and LocalEyes only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the LocalEyes Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.

      5. Survival

        The following provisions will survive expiration or termination of this Agreement: Section 2(E)(Termination), 2(G)(Feedback), Section 3(Your Content), Section 4A-B and D-F(Our Content and Materials), Section 6 (Disclaimers and Limitation of Liability), Section 7 (Indemnification), Sections 8 (Dispute Resolution), and Section 9 (General Terms).

      6. Assingment

        You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

      7. Electronic Communications

        You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

      8. Entire Agreement/ Severability

        This Agreement supersedes all prior terms, agreements, discussions and writings regarding the LocalEyes Platform and constitutes the entire agreement between you and us regarding the LocalEyes Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

      9. Interpretation

        In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.

      10. Notices

        All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via team@local-eyes.tech. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

      11. Relationship

        This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

      12. Waiver

        No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

      13. Further Assuraces

        You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and put in effect the intent of this Agreement and any of your rights or obligations under this Agreement

      14. Contact

        Feel free to contact us through team@local-eyes.tech with any questions about these terms.