Terms of Service

 

InTown.com provides branded web and mobile advertising platform services for its Third Party Partners and Business Clients on the InTown.com web platform and/or mobile application.  In all cases below, the term “InTown” used herein describes and refers to InTown.com.  The tern “Client” refers to those businesses 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 as consumers.  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 Clients credentials as a result of violation of these Terms. InTown also reserves the right to access and disclose any Client 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 Client support requests or (e) protect the rights, property or safety of InTown, it’s Clients 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. 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 by the Client as a result of the use of the Services.

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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 Clients.

 

 

B)    Usage Rules

i)        Clients Provide Information at Their Own Risk: Clients 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 Client represents and warrants that they have all the rights and authority necessary to grant the rights herein to any content that the Client submits.

 

ii)        Use of Information is at Client’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 of or reliance on Client’s posted content or materials posted via the Services or obtained by the User through the Services is at the Client’s own risk.

 

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

 

iv)       Passwords: Clients 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 Client’s failure to safeguard their password information.

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v)       Prohibited Conduct on InTown:

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

 

(b)     Trademark Infringement: InTown reserves the right to reclaim Clients’       accounts on behalf of businesses or  individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.

 

(c)     Copyright Infringement: InTown reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, InTown will also terminate a Client’s account if the Client is determined to have repeatedly violated these terms.

 

 

(d)      Violence and Threats: Clients 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.

 

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

 

(f)       Pornography and Obscene content: Clients 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.

 

Businesses that are Sexual or Adult in nature are strictly prohibited from using any Services provided by InTown.

 

(g)       InTown Images: InTown is licensed to use all

images in the InTown Image Library. Clients only have the rights to InTown licensed images specifically for the use of creating advertisements on InTown.com or the mobile application.  Clients who use these images are fully liable for any damages that may arise in the event that the Client copies, distributes or uses these images for any purpose other than on the InTown website or mobile application.  Clients agree to hold InTown and its affiliates and partners harmless for any unauthorized use of these images.

 

 

C)    Termination of Accounts:                                 

(i)       Users engaging in any prohibited behaviors

may be investigated for abuse. InTown

reserves the right to immediately terminate a Client’s account without further notice in the event that, a Client violates these Rules or the Terms of Service.

 

 

D)    Contesting Deletion of a Client’s Account:      

(i)       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.

 

 

E)    Payment and Renewal:

(i)      General Terms: Optional paid services such as a 3

month (one-time payment), 6 Month subscription and a 12 month subscription are available on the InTown Website and Mobile App. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service based on the paid service (3 month, 6 month or 12 month) as indicated. Only the 6 month or 12 month subscription plan is refundable within 7 days after the paid service signup date only if the account is cancelled under the My Biz page/ Profile dropdown.  The 3 month (one-time payment) paid service is NOT refundable after this paid service is activated.

 

(ii)      Automatic Renewal: Unless the Client notifies InTown that they wish to cancel their subscription in the My Biz page / Profile before the end of the applicable subscription period, the current 6 month or 12 month subscription plan previously paid, will automatically renew. The Client authorizes InTown to collect the then-applicable 6 month or 12 month subscription fee (as well as any taxes) using any credit card or other payment mechanism InTown has on record for that Client.

 

 

 

E)       Other Terms

i)        Services available As-Is: InTown will not be held responsible for any loss of data or system damage to client’s computer system or mobile device as a result of the use of the Services.  The Services provided to the Client 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)      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.

 

iii)     Exclusions: The limitations above my not apply to some Clients 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 Client’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 Client agrees to this venue and jurisdiction without objection as to inconvenience of location. If the Client is accepting these Terms on behalf of a United States Federal Government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to that Client but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).

 

vii)              Entire Agreement: With exception to any separate agreements made between InTown and the Client, these Terms and The InTown Privacy Policy are the entire agreement between InTown and the Client regarding the Services and these Terms supplant and replace any prior agreements InTown and the Client 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 Client via email. The Client 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