PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE (TOS), MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS (TERMS OF SERVICE). IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, THEN DO NOT USE THIS WEB SITE.
The following are the terms and conditions for access to this web site and use of the Products/Services. By clicking the ‘I Accept’ button on the sign-up page or by logging in to BackPageLocals, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright ©2019 BackPageLocals. All rights reserved.
This web site, and the information which it contains, is the property of BackPageLocals and its affiliates, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "BackPageLocals" and the BackPageLocals logo are trademarks of BackPageLocals, under the applicable laws of the United States and/or other countries. Other BackPageLocals product or service names or logos appearing in this Site are either trademarks or registered trademarks of BackPageLocals and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of BackPageLocals's trademark or other intellectual property rights concerning that name or logo.
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
3. Products/Services and Support
The Products/Services are provided subject to this Agreement, as it may be amended by BackPageLocals, and any guidelines, rules or operating policies that BackPageLocals may establish and post from time to time (this "Agreement"), or as linked from all email generated from BackPageLocals or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the BackPageLocals website, or otherwise providing notice to you, BackPageLocals may modify the Terms of the Service (TOS), and may discontinue or revise any or all other aspects of the Products/Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Product or at BackPageLocals's website. The Products/Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products/Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products/Services. If you are using the Products/Services in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the BackPageLocals sign up page in order to use the Products/Services. You shall provide true, accurate, current, and complete information about yourself as requested in that registration form. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by BackPageLocals or its personnel.
4. Fees and Payment
4.1 Payment. Payment for Products/Services will be made by a valid credit card accepted by BackPageLocals or other provided validated payment processors. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize BackPageLocals to charge your credit card for such amounts on a regular monthly or annual basis beginning at the end of any promotional offers at the time of registration. If BackPageLocals is for any reason unable to effect automatic payment via your credit card, BackPageLocals will attempt to notify you via email and your BackPageLocals account will be disabled until payment is received. Amounts paid for the Products/Services are not refundable.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Subscriber Opt Out. Every email message sent in connection with the Products/Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable such said link(s). You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your BackPageLocals account.
5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products/Services. You hereby covenant that you shall not use any other lists in connection with your use of the Products/Services. If you have used the BackPageLocals feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a BackPageLocals template or any other features or functionality from the Products/Services and use them for any purpose other than sending email messages from within BackPageLocals. Emails that you send through BackPageLocals may generate spam complaints from recipients. As a matter of privacy, BackPageLocals cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. BackPageLocals, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. BackPageLocals will terminate your use of its Products/Services if BackPageLocals determines that your level of spam complaints is higher than industry norms.
5.3 Footers. For every email message sent in connection with the Products/Services, you acknowledge and agree that BackPageLocals may add an identifying footer stating "Powered by BackPageLocals" or a similar message.
5.4 Use of Images Hosted by BackPageLocals. Images hosted by BackPageLocals on BackPageLocals controlled servers may only be used in connection with the Products/Services and for no other purpose whatsoever.
5.5 Prohibited Content. BackPageLocals prohibits the use of the Products/Services or web site by any person or entity that:
- Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, credit or finance management, mortgage and debt relief offers, odds making, and betting/gambling services.
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
- Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses (as deemed by current laws & regulations or said locations or jurisdiction).
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.6 Right to Disable Access. BackPageLocals, at its own discretion, may immediately disable your access to the Products/Services without refund if BackPageLocals believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement (TOS).
6. Restrictions and Responsibilities
6.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products/Services or any software, documentation, or data related to the Products/Services ("Software"); remove any proprietary notices or labels from the Products/Services or any Software, modify, translate, or create derivative works based on the Products/Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products/Services or any Software.
Unless you are an authorized reseller of the Products/Services, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products/Services or the Software, or any content, including but not limited to newsletters, distributed to you by BackPageLocals in connection with the Products/Services. Violation of these restrictions may result in the termination of this Agreement.
6.2 Permitted Use of the Products/Services. The Products/Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products/Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products/Services in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products/Services, then you hereby covenant that, prior to engaging in such activities, you will first request that BackPageLocals perform such work at its standard professional services rates. BackPageLocals can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You shall use the Products/Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although BackPageLocals has no obligation to monitor the content provided by you or your use of the Products/Services, BackPageLocals may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products/Services that BackPageLocals believes may be (or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless BackPageLocals and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products/Services or (iii) otherwise arises from or relates to your use of the Products/Services. In addition, you acknowledge and agree that BackPageLocals has the right to seek damages when you use the Products/Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied features of the Products/Services, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to BackPageLocals. BackPageLocals may use this information and any technical information about your use of the Products/Services to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you licensed the Products/Services as a result of solicitation by a marketing partner of BackPageLocals, BackPageLocals may share your information with the marketing partner and the marketing partner may share related information with BackPageLocals. BackPageLocals will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from BackPageLocals due to unsolicited commercial email being sent from your BackPageLocals account.
6.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products/Services that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products/Services, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to BackPageLocals or to any third party using the Products/Services, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to BackPageLocals by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to BackPageLocals by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted— Freelancer Lisitng a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
6.7 Use of Links in the Survey Product. In connection with the Survey Product, you hereby agree that you shall only distribute links to the survey via the Survey Product, the Email Campaigner or as a link on your web site.
You may terminate this Agreement at any time by contacting BackPageLocals Support. There are no refunds for any fees paid (if any such fees are applicable).
BackPageLocals may terminate this Agreement or the Products/Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. BackPageLocals shall have no liability to you or any third party because of such termination or action.
BackPageLocals may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. BackPageLocals will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at BackPageLocals's sole discretion) as inactive for over 120 days, BackPageLocals has the right to permanently delete your subscriber data. BackPageLocals will use good faith efforts to contact you via email prior to taking any permanent removal actions.
8. Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. FREELANCER LISTING DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND FREELANCER LISTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products/Services shall be for BackPageLocals to use commercially reasonable efforts to adjust or repair the Products/Services.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FREELANCER LISTING OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "FREELANCER LISTING") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF FREELANCER LISTING SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, FREELANCER LISTING IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF FREELANCER LISTING TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY FREELANCER LISTING TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Restricted Persons; Export of Products/Services or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products/Services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify BackPageLocals within twenty-four (24) hours, and BackPageLocals shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to BackPageLocals.
You agree that you shall not utilize the Products/Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products/Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
11. Links to Third-Party Web Sites
This web site may contain links to non-BackPageLocals web sites. These links are provided to you as a convenience, and BackPageLocals is not responsible for the content of any linked web site. Any non-BackPageLocals web site accessed from this web site is independent from BackPageLocals, and BackPageLocals has no control over the content of that web site. In addition, a link to any non-BackPageLocals web site does not imply that BackPageLocals endorses or accepts any responsibility for the content or use of such web site.
12. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by BackPageLocals of that third party or of any product or service provided by a third party.
13. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting BackPageLocals Support and by providing the following information:
In an effort to protect the rights of copyright owners, BackPageLocals maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
14. Membership, Username and Password
Membership (account) is limited to 1 business entity and/or person. Multiple membership accounts may exist per business entity of different business names and/or persons. Any account in violation may be subject to termination or removal of duplicate accounts. You are responsible for maintaining the security of your account, passwords, and files. BackPageLocals will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. BackPageLocals has no knowledge of your organizational structure, if you are registering for the Products/Services as an entity, or your personal relationships, if you are a person. BackPageLocals shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
15.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
15.2 BackPageLocals and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
15.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind BackPageLocals in any respect whatsoever.
15.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
15.5 The Agreement shall be governed by the laws of the California, USA without regard to its choice or law or conflict of laws provisions.
If you have any questions about the rights and restrictions above, please contact BackPageLocals here.