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Terms of Service

Note: These Terms of Service are effective as of August 20, 2015.

Welcome to LocalHop! LocalHop is a mobile and online service that allows you to find grassroots local events and easily add them to your calendar. LocalHop organizations provide event information to share with the LocalHop community through www.getlocalhop.com (the “Site”), on our application for mobile devices (the “Mobile Software”), and through third party applications. We call the services available on the Site, whether accessed directly, or through the Mobile Software or such third party applications, the “Service(s).”

The LocalHop Service is provided by TOG Development, LLC, doing business as LocalHop, however, we will refer to our company and Service as “LocalHop” to keep things simple. Like all online services, we need to have a Terms of Service (“Terms”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using the LocalHop Service, you agree to be bound by these Terms, by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, organizations, and others who access the Service (“Users”).

1. Sharing Your Content

a) Your content. LocalHop allows you to share content on the Service, including events, calendars, comments, and other materials. Anything that you submit, post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service.

b) How LocalHop and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, provide access to, modify (e.g., re-format), re-arrange, and distribute your User Content on LocalHop for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict LocalHop’s rights under separate licenses to User Content. Please remember that the LocalHop Service is a public platform, and that other Users may search for, see, use, receive access to, forward, share and/or post any User Content that you make publicly available through the Service.

c) How long we keep your content. Following termination or deactivation of your account, or if you remove any User Content from your account, LocalHop may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, LocalHop and other Users may retain and continue to display, reproduce, provide access to, forward, share, post, modify, re-arrange, and distribute any of your User Content that other Users have acquired access to or collected in their own account or which you have posted to public or semi-public areas of the Service.

d) Your responsibility for your content:

To LocalHop and our community. LocalHop provides a creative and positive place for you to discover and share local events that you love and enjoy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. Please be a good citizen on LocalHop, and always respect our Service and its Users.

To third parties. LocalHop values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you provide User Content within your posted events.

To organizations posting event information. If you are an organization posting event information on the LocalHop either on the Site, the Site’s portal and/or the Mobile Software, you agree that any such posted information shall not include any personally identifiable information (meaning it may be used to specifically identify you or anyone in your organization as a unique person, such as an e-mail address, social security number, personal address, personal telephone number and/or any similar information, other than contact information related to organization’s the public event).

e) Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.

f) Feedback you provide. We value hearing from our Users, and are always interested in learning about ways LocalHop can provide a great and improved experience for all. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place LocalHop under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, LocalHop does not waive any rights to use similar or related Feedback previously known to LocalHop, or developed by its employees, or obtained from sources other than you.

2. LocalHop Content

a) LocalHop Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“LocalHop Content”) are the property of LocalHop and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the LocalHop Content without our permission.

b) Our license to you. Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing LocalHop Content, for your personal, noncommercial use to allow you to view and access local events, create calendar entries and related items, as expressly permitted by the features of the Service. LocalHop may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, LocalHop reserves all other rights and no other rights are granted by implication or otherwise.

3. Copyright Policy

LocalHop respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, LocalHop will also terminate a User’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

LocalHop
Attn: Copyright Agent
390 Park Street – Suite 110
Birmingham, MI 48009
Email: support@getlocalhop.com

4. Using LocalHop

a) Who can use LocalHop. You may use the Service only if you can form a binding contract with LocalHop, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the LocalHop community, the Service is not available to any Users previously removed from the Service by LocalHop.

b) LocalHop accounts. Creating an account with LocalHop gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to LocalHop with a third-party service (e.g., Facebook, Twitter, or Instagram), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. You agree not to use user names, content or descriptions that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name, content or descriptions at any time and for any reason in our sole discretion.

c) Terminating your account. You may close your account at any time by contacting us. We may permanently or temporarily terminate or suspend your User account or accounts or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How LocalHop and other users can use your content), 1c (How long we keep your content), 1e (Feedback you provide), 1f (Definition of Intellectual Property Rights), 2a (LocalHop Content), 3 (Copyright Policy), 4c (Terminating your account), 4f (Your interactions with other Users), and 6 through 12 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section above.

d) Your responsibility for your account. When you create your LocalHop account, you must provide us with accurate and complete information. Please be sure to provide us with up-to-date e-mail contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify LocalHop of any compromise of your credentials you become aware of and any unauthorized use of your account.

e) Changes to the Service. At LocalHop, we’re always developing and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

f) Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. LocalHop will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make LocalHop a positive and respectful community.

5. Privacy and Security

We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of any personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, LocalHop cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

6. Third-party Links, Sites and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by LocalHop. LocalHop does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that LocalHop will have no liability arising from your use of or access to any third-party website, service, or content.

7. Mobile Software

a) Our Mobile Software. We make available the Mobile Software to access the Service via a mobile device. To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. LocalHop does not warrant that the Mobile Software will be compatible with your mobile device. LocalHop grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one LocalHop account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that LocalHop may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and LocalHop or its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Software (and any copy of the Mobile Software). You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of the Mobile Software. You also agree and acknowledge that your use of the Mobile Software must also comply with the terms and conditions of the application store from which you obtain the Mobile Software.

8. Indemnity

You agree to indemnify and hold harmless LocalHop and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or LocalHop Content, (ii) your User Content, or (iii) your breach of any of these Terms.

9. Disclaimers

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOCALHOP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LOCALHOP takes no responsibility and assumes no liability for any User Content that you or any other User, organization or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users’ online distribution and publication of your and their User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

10. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, LOCALHOP CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER LOCALHOP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, LOCALHOP CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOCALHOP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL LOCALHOP’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR LOCALHOP CONTENT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOCALHOP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Service is controlled and operated from its facilities in the United States. LocalHop makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

11. Governing Law:

You agree that: (i) the Service shall be deemed solely based in Michigan; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over LocalHop, either specific or general, in jurisdictions other than Michigan. These Terms shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Oakland County, Michigan or the United States District Court for the Eastern District of Michigan, for any actions for which either party retains the right to seek injunctive or other equitable relief.

12. General Terms

a) Notification Procedures and changes to these Terms. LocalHop may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by LocalHop in our sole discretion. LocalHop reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. LocalHop may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. LocalHop is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

b) Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LocalHop without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

c) Restricted Rights. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer (“use”) of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the Government, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.

d) Export Control. Any software or technology obtained from LocalHop through the Service, including the Mobile Software, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from LocalHop may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.

e) Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with LocalHop in connection with the Service, shall constitute the entire agreement between you and LocalHop concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

f) No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and LocalHop’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

g) Contact. Please contact us as support@getlocalhop.com with any questions regarding these Terms.

These Terms of Service were last modified on August 20, 2015.