Terms of Use

 

InTown.com provides branded web and mobile advertising platform services for its Third Party Partners and Business Clients on the InTown web platform and/or mobile application.  In all cases below, the term “InTown” used herein describes and refers to InTown.com, its Third Party Partners and Business Clients that choose to publish branded advertising on the InTown web platform and/or mobile application. The term “Services” will be used to describe the InTown web platform and mobile application collectively. The term “User” will be used herein to describe the individuals who chose to use the InTown web platform and/or mobile application.  The term “Terms” will be used to describe this document and its content.

 

 

TERMS OF USE

 

A)     InTown’s Rights

i)        Ownership: All right, title, and interest in and to the Services are and will remain the exclusive property of InTown. The Services are protected by copyright, trademark, and other laws in United States.

 

ii)        Reservation of Rights: InTown reserves the right at all times, but does not have an obligation, to remove or refuse to distribute any content on the Services and to terminate Users or reclaim usernames. InTown also reserves the right to access and disclose any User information believed to be necessary to (a) satisfy any applicable law, regulation, legal process or governmental request (b) enforce these Terms, including investigation of potential violations hereof (c) detect, prevent and address fraud, security or technical issues (d) respond to user support requests or (e) protect the rights, property or safety of InTown and its Users.

 

iii)       Content Endorsement: InTown does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. Users understand and agree that by using the Services, Users may be exposed to content that may be mislabeled, inaccurate or offensive either directly posted to the Service or through the use of a link posted on the Service. Under no circumstances will InTown be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or content or damages resulting from User clicking on a link posted to the Service.

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iv)       InTown’s Discretion: The Services that InTown provides are constantly evolving and improving thus causing the Services that InTown provides to change and be altered from time to time without prior notice to Users.

 

v)       Advertising: The types and extent of advertising by InTown on the Services are subject to change. In consideration for InTown granting Users access to the Services, the User agrees that InTown may place such advertising on the Services or in connection with the display of content or information from the Services.

 

B)    Usage Rules

i)        Users Provide Information at Their Own Risk: Users are responsible for their use of the Services, for any content they provide, and for any consequences thereof, including the use of such content. The User represents and warrants that they have all the rights and authority necessary to grant the rights herein to any content that the User submits.

 

ii)        Use of Information is at User’s Own Risk:  All content publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. InTown may not monitor or control the content posted via the Services and cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by the User through the Services is at the User’s own risk.

 

iii)       Legal Ability to Use the Services: Users may use the Services only if they can legally agree to and remain in compliance with these Terms, the InTown Privacy Policy and all applicable local, state, national, and international laws, rules and regulations.

 

iv)       Passwords: Users are responsible for safeguarding the password they choose to use to access the Services and for any activities or actions under their password. InTown cannot and will not be liable for any loss or damage arising from User’s failure to safeguard their password information.

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v)       Prohibited Conduct on InTown:

(a)      Impersonation: Users may not impersonate others through the InTown service in a manner that does or is intended to mislead, confuse, or deceive others.

 

(b)      Violence and Threats: Users may not post direct, specific threats of violence against others. This includes uploading, posting, emailing, transmitting or otherwise making available any content that InTown deems to be harmful, threatening, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable. InTown reserves the right to determine what is objectionable.

 

(c)      Criminal Conduct: Users may not use InTown or it’s Services for any unlawful purposes.

 

(d)      Pornography and Obscene content: Users may not display obscene or pornographic images anywhere on the site, or provide links to any obscene content which is considered severely offensive or hate-oriented. InTown reserves the right to determine what is offensive or obscene.

 

(vi)     Termination of Accounts:  Users engaging in any prohibited behaviors may be investigated for abuse.  InTown reserves the right to immediately terminate  a User’s account without further notice in the event that, a User violate these Rules or the Terms of Service.

 

(vii)     Contesting Deletion of a User’s Account: If your account has been modified, inactivated or terminated, and you wish to contest InTown’s judgment, you may email  Support@InTown.com This is not a guarantee to any action on InTown’s part in response to your comments.

 

 

C)       Other Terms

i)      Services available As-Is: InTown will not be held responsible for any loss of data or system damage to User’s computer system or mobile device as a result of the use of the Services.  The Services provided to the User by InTown are on an “as available” and “as is” basis. InTown cannot guarantee that the Services will be available on an uninterrupted, error-free or secure basis.  InTown will not be held liable for any content or communications made using the Services that is deleted, failed to transmit or failed to store.

 

ii)      Links: The Services may contain links to Third Party websites. Users acknowledge and agree that InTown is not liable or responsible for the accuracy, availability or content of such websites. Links to such websites do not imply any endorsement by InTown. The User acknowledges and assumes sole responsibility for and assumes all risks that may be involved in accessing any such websites.

 

iii)               Limitation of Liability: InTown, its employees, investors, officers, partners and affiliates will not be held liable for any damages or losses of any nature, tangible or intangible or consequential or incidental damages as a result of the use of InTown’s Services.

 

iv)     Exclusions: The limitations above my not apply to some Users as certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or exclusion of certain warranties.

 

v)               Waiver and Severability: Should InTown fail to enforce any portion of these Terms that will not be deemed a waiver of InTown’s right to do so. Should any part of these Terms is held to be invalid or unenforceable; the remaining portions of these Terms will remain in full force and effect.

 

vi)     Controlling Law and Jurisdiction: The laws of the State of Delaware govern these Terms and any legal action related to them without regard to or application of its conflict of law provisions or User’s state or country of residence. Any and all legal proceedings, claims or litigation in regards to the Services will be brought exclusively in Charleston County, South Carolina and the User agrees to this venue and jurisdiction without objection as to inconvenience of location.

 

vii)              Entire Agreement: With exception to any separate agreements made between InTown and the User, these Terms and The InTown Privacy Policy are the entire agreement between InTown and the User regarding the Services and these Terms supplant and replace any prior agreements InTown and the User may have made in regards to the Services. InTown may revise these Terms at its sole discretion. Should any revisions be material InTown will notify the User via email. The User agrees to be bound by the revised Terms by continuing to access or use the Services.

 

 

D)       Definitions

i)        By "post" these Terms refer to a post on the InTown platform or mobile application or a post otherwise made available to InTown.

ii)        By "use" the Terms mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

iii)       By “personally-identifiable information” and “personal information,” these Terms mean any information that could be used to locate and contact the User directly, such as the User’s real name, phone number, address, email address, and instant messenger screen names.

iv)       By “non-personally identifiable information” and “non-personal information,” these Terms mean all information other than “personal information,” such as the User’s interests, activities, and comments.

 

 

 

 

E)     Questions / Support

i)      To Contact InTown directly please email:  Support@InTown.com