Terms of Use

END USER LICENSE AGREEMENT FOR HYPERLOCAL MOBILE APPLICATIONS

Last updated: May 14, 2018

IMPORTANT – READ CAREFULLY – BY DOWNLOADING AND USING HYPERLOCAL APPS, YOU ACCEPT AND AGREE TO THESE END USER LICENSE AGREEMENT (THIS “EULA”) TERMS AND CONDITIONS.

1.0 License Grant
1.1 App
Subject to the terms and conditions of this EULA, Hyperlocal grants to you a personal, non-exclusive, non-transferable, revocable license to download and use the App on a mobile device that you own or control.
1.2 Content
Data, materials and content available within the App (collectively, the "Content") is provided and may be owned by the Event Host. You agree not to copy, distribute or make any use whatsoever of the Content except as reasonably necessary for use of the App in accordance with this EULA. If you have any questions regarding your usage of Content, please contact the Event Host.
1.3 Uploads
"Uploads" means any data, materials or content that you post, publish, submit, transmit or receive using the App, such as pictures, messages, ratings, reviews and, if applicable, information that displays as part of your account profile. Hyperlocal may remove or reinstate your Uploads from time to time at its sole discretion, including, without limitation, if Uploads contains discriminatory, hateful, infringing, sexually suggestive, violent or other unlawful content.
Uploads may be used in a number of different ways, including displaying it in the App, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same. As such, you: (i) irrevocably grant Hyperlocal, the Event Host and other end-users permission to use or archive your Uploads for any purpose, and (ii) irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to the Uploads.

2.0 USE OF INFORMATION; PRIVACY POLICY
2.1 Children under the Age of 13
The App is not intended for children under thirteen (13) years of age, and Hyperlocal does not knowingly collect personal information from children under thirteen (13). If Hyperlocal learns it has collected or received personal information from a child under thirteen (13) without parental consent, it will delete that information. If you believe Hyperlocal might have any information from or about a child under thirteen (13) without parental consent, please contact Hyperlocal at privacy@cvent.com.
2.2 Information
Through the App, you may choose to provide certain information about yourself to other end-users, Hyperlocal and the Event Host. Further, Hyperlocal may automatically collect certain information about you, your mobile device and your use of the App.
ALL INFORMATION THAT YOU CHOOSE TO PROVIDE OR THAT IS AUTOMATICALLY COLLECTED MAY BE PROVIDED TO, AND USED BY, THE EVENT HOST IN AN INDIVIDUALIZED, NON-ANONYMOUS FORM. If you have any questions regarding how the Event Host uses the information, please contact the Event Host. Hyperlocal uses the information that it automatically collects or that you choose to provide, including any personal information, to: (i) provide you with the App, Content and any other services you request from Hyperlocal; and (ii) improve the App and to deliver a better and more personalized experience.
THROUGH YOUR USE OF THE APP, YOU ACKNOWLEDGE AND AGREE TO THE COLLECTION AND USE OF INFORMATION. IF YOU DO NOT AGREE, THEN YOU MUST STOP USING THE APP.
2.2.1 Information You Provide to Hyperlocal
When you download, register with or use the App, Hyperlocal may ask you to provide information by which you may be personally identified, such as name, postal address, email address, telephone number and biography.
2.2.2 Automatic Information Collection
In your use of the App, Hyperlocal may automatically collect:
* Usage Details. When you access and use the App, Hyperlocal may automatically collect certain details of your access to and use of the App, including without limitation your access and use of bookmarks, check-ins, contact shares, impressions, notes, page views, ratings, and schedules.
* Device Information. Hyperlocal may collect information about your mobile device and internet connection, including without limitation the device’s browser type, mobile network information, and operating system.
* Location Information. The App does not directly collect real-time information about the location of your mobile device. However, the location of your mobile device may be made available to Hyperlocal or the Event Host through usage of iBeacons or other similar technologies. You may disable your mobile device’s receipt of broadcasts from iBeacons or other similar devices by disabling your mobile device’s Bluetooth and location connectivity. However, if you disable your mobile device’s Bluetooth and location connectivity, you may not receive notification of nearby activities which are used to deliver a better and more personalized experience.
2.2.3 Information Collection Technologies
The technologies Hyperlocal uses for automatic information collection may include without limitation:
* Mobile Cookies. A mobile cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting, you may be unable to access certain parts of the App.
* Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that may permit Hyperlocal to count end-users who have visited those pages or collect other related statistics (for example, recording the popularity of certain Content, and verifying system and server integrity).
* iBeacons and Other Similar Technologies. iBeacons and other similar technologies allow Bluetooth devices to broadcast and receive small information within short distances. These technologies allow the App to detect how close the mobile device is from a broadcasting Bluetooth device and perform actions, such as display alerts to the end-user.
2.3 Privacy Policy
Hyperlocal' use of any personal information it receives will be in the manner described in Hyperlocal' Privacy Policy, which may be viewed here: http://www.crowdcompass.com/privacy.shtml. The Privacy Policy is hereby incorporated into this EULA by this reference. Hyperlocal encourages you to read the Privacy Policy carefully and use it to make informed decisions.
3.0 CONDITIONS OF USE; RESERVATION OF RIGHTS
3.1 Marketplace Rules and Procedures
You understand and agree that download and use of the App may be subject to rules and procedures established by third parties which operate and control the online marketplaces for mobile device applications (each a "Mobile Marketplace"), including Apple and Google. You acknowledge and agree that: (i) you shall abide at all times by such rules and procedures and any changes thereto; and (ii) Hyperlocal has no control over such rules and procedures, and cannot be responsible for ensuring performance or availability of any Mobile Marketplace.
3.2 License Restrictions
The App is licensed, not sold, and Hyperlocal reserves all rights not expressly granted in this EULA. All trademarks, copyrights, database rights and other intellectual property rights of any kind in the App are owned exclusively by Hyperlocal or its licensors. You may not directly or indirectly: (i) make or distribute copies of the App; (ii) modify, transfer, translate, reverse engineer, exchange, decompile, disassemble or create derivative works of the App; or (iii) loan, lease, sub-license or otherwise attempt to grant rights in the App to third parties.
3.3 Withdrawal of Application
The App is made available to you for your personal, non-commercial use. Hyperlocal reserves the right to amend or withdraw the App, or to modify the terms and conditions applicable to the App, at any time and for any reason. Your continued use of the App following the posting of any modified EULA terms shall constitute your acceptance thereof.

4.0 INDEMNIFICATION
YOU SHALL DEFEND, INDEMNIFY AND HOLD HYPERLOCAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CUSTOMERS HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, FINES, COSTS AND EXPENSES INCLUDING REASONABLE LEGAL FEES INCURRED BY HYPERLOCAL OR WHICH ARE AGREED BY HYPERLOCAL TO BE PAID BY WAY OF SETTLEMENT OR COMPROMISE, ARISING OUT OF: (i) ANY USE OR MISUSE OF THE APP OR ANY CONTENT BY YOU OR BY OTHERS USING THE MOBILE DEVICE ON WHICH YOU HAVE DOWNLOADED THE APP; (ii) ANY CLAIM THAT YOUR UPLOADS VIOLATE OR INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY; OR (iii) ANY VIOLATION OF APPLICABLE LAW BY YOU.

5.0 DISCLAIMER OF WARRANTIES
You acknowledge that the App is provided over the Internet and mobile networks and therefore the availability of the App may be affected by factors outside of Hyperlocal’ reasonable control. Hyperlocal has no responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access the App or Content or for any other system failure which may result in the App or Content being unavailable.
THE APP IS LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE,” AND HYPERLOCAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PERFORMANCE, RELIABILITY, ACCURACY OR SUITABILITY FOR ANY PURPOSE, OF THE APP OR THE CONTENT. HYPERLOCAL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE APP AND ITS OPERATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6.0 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYPERLOCAL, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CUSTOMERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP, NOR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES WHATSOEVER WHICH ARISE OUT OF OR RELATE TO THE USE OR INABILITY TO USE THE APP, OR FOR ANY OTHER CAUSE OR CLAIM ARISING UNDER THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, HYPERLOCAL’S ENTIRE LIABILITY UNDER ANY AND ALL PROVISIONS OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE APP. IF YOU HAVE NOT PAID ANY FEES TO HYPERLOCAL FOR USE OF THE APP, HYPERLOCAL WILL NOT RETAIN ANY LIABILITY.
NO LEGAL ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR RELATING TO THE APP OR CONTENT, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU HAVE KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF SUCH ACTION.

7.0 MISCELLANEOUS
7.1 Termination
Hyperlocal may terminate this EULA at any time at its sole discretion with or without notice to you. Upon any termination, the rights and licenses granted to you herein shall terminate. Upon notice of termination, you must cease all use of the App. Additionally, your rights under this EULA will terminate automatically if you fail to comply with any terms of this EULA. All provisions which by their nature would reasonably be expected to survive this EULA will survive this EULA.
7.2 Governing Law; Attorney’s Fees
This EULA is governed by and will be construed in accordance with the laws of the Commonwealth of Virginia, USA. The federal and state courts located within 30 miles of Hyperlocal’ headquarters in Virginia shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this EULA, and you expressly consent to: (i) the personal jurisdiction of such courts; and (ii) service of process being effected upon you by registered mail. If any legal action is brought by you against Hyperlocal or its affiliates, directors, officers, employees, agents or customers in connection with the App, or arising out of this EULA or any provision hereof, and you are not the prevailing party in such legal action, then you agree to pay the prevailing party’s reasonable attorney's fees together with expenses and costs incurred with such action.
7.3 Assignment
Hyperlocal may assign or transfer this EULA, in whole or in part, at any time without notice to you. You may not assign this EULA or any part of it or any rights to use the App, in whole or in part, to any other party, and any attempt to do so shall be void.
7.4 Entire Agreement
This EULA and Hyperlocal’ Privacy Policy constitute the entire agreement between you and Hyperlocal with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App. In the event that one or more of the provisions of this EULA shall be found illegal or unenforceable, then such provisions shall be deemed struck and other provisions of this EULA shall remain in full force and effect.
7.5 Export Regulation
The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US.
7.6 US Government Rights
The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end-users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.END USER LICENSE AGREEMENT FOR HYPERLOCAL MOBILE APPLICATIONS

Last updated: May 14, 2018

IMPORTANT – READ CAREFULLY – BY DOWNLOADING AND USING HYPERLOCAL APPS, YOU ACCEPT AND AGREE TO THESE END USER LICENSE AGREEMENT (THIS “EULA”) TERMS AND CONDITIONS.

2.0 USE OF INFORMATION; PRIVACY POLICY
2.1 Children under the Age of 13
The App is not intended for children under thirteen (13) years of age, and Hyperlocal does not knowingly collect personal information from children under thirteen (13). If Hyperlocal learns it has collected or received personal information from a child under thirteen (13) without parental consent, it will delete that information. If you believe Hyperlocal might have any information from or about a child under thirteen (13) without parental consent, please contact Hyperlocal at privacy@hyperlocalplatform.com.
2.2 Information
Through the App, you may choose to provide certain information about yourself to other end-users, Hyperlocal and the Event Host. Further, Hyperlocal may automatically collect certain information about you, your mobile device and your use of the App.
ALL INFORMATION THAT YOU CHOOSE TO PROVIDE OR THAT IS AUTOMATICALLY COLLECTED MAY BE PROVIDED TO, AND USED BY, THE EVENT HOST IN AN INDIVIDUALIZED, NON-ANONYMOUS FORM. If you have any questions regarding how the Event Host uses the information, please contact the Event Host. Hyperlocal uses the information that it automatically collects or that you choose to provide, including any personal information, to: (i) provide you with the App, Content and any other services you request from Hyperlocal; and (ii) improve the App and to deliver a better and more personalized experience.
THROUGH YOUR USE OF THE APP, YOU ACKNOWLEDGE AND AGREE TO THE COLLECTION AND USE OF INFORMATION. IF YOU DO NOT AGREE, THEN YOU MUST STOP USING THE APP.
2.2.1 Information You Provide to Hyperlocal
When you download, register with or use the App, Hyperlocal may ask you to provide information by which you may be personally identified, such as name, postal address, email address, telephone number and biography.
2.2.2 Automatic Information Collection
In your use of the App, Hyperlocal may automatically collect:
* Usage Details. When you access and use the App, Hyperlocal may automatically collect certain details of your access to and use of the App, including without limitation your access and use of bookmarks, check-ins, contact shares, impressions, notes, page views, ratings, and schedules.
* Device Information. Hyperlocal may collect information about your mobile device and internet connection, including without limitation the device’s browser type, mobile network information, and operating system.
* Location Information. The App does not directly collect real-time information about the location of your mobile device. However, the location of your mobile device may be made available to Hyperlocal or the Event Host through usage of iBeacons or other similar technologies. You may disable your mobile device’s receipt of broadcasts from iBeacons or other similar devices by disabling your mobile device’s Bluetooth and location connectivity. However, if you disable your mobile device’s Bluetooth and location connectivity, you may not receive notification of nearby activities which are used to deliver a better and more personalized experience.
2.2.3 Information Collection Technologies
The technologies Hyperlocal uses for automatic information collection may include without limitation:
* Mobile Cookies. A mobile cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting, you may be unable to access certain parts of the App.
* Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that may permit Hyperlocal to count end-users who have visited those pages or collect other related statistics (for example, recording the popularity of certain Content, and verifying system and server integrity).
* iBeacons and Other Similar Technologies. iBeacons and other similar technologies allow Bluetooth devices to broadcast and receive small information within short distances. These technologies allow the App to detect how close the mobile device is from a broadcasting Bluetooth device and perform actions, such as display alerts to the end-user.
2.3 Privacy Policy
Hyperlocal' use of any personal information it receives will be in the manner described in Hyperlocal' Privacy Policy, which may be viewed here: http://www.crowdcompass.com/privacy.shtml. The Privacy Policy is hereby incorporated into this EULA by this reference. Hyperlocal encourages you to read the Privacy Policy carefully and use it to make informed decisions.
3.0 CONDITIONS OF USE; RESERVATION OF RIGHTS
3.1 Marketplace Rules and Procedures
You understand and agree that download and use of the App may be subject to rules and procedures established by third parties which operate and control the online marketplaces for mobile device applications (each a "Mobile Marketplace"), including Apple and Google. You acknowledge and agree that: (i) you shall abide at all times by such rules and procedures and any changes thereto; and (ii) Hyperlocal has no control over such rules and procedures, and cannot be responsible for ensuring performance or availability of any Mobile Marketplace.
3.2 License Restrictions
The App is licensed, not sold, and Hyperlocal reserves all rights not expressly granted in this EULA. All trademarks, copyrights, database rights and other intellectual property rights of any kind in the App are owned exclusively by Hyperlocal or its licensors. You may not directly or indirectly: (i) make or distribute copies of the App; (ii) modify, transfer, translate, reverse engineer, exchange, decompile, disassemble or create derivative works of the App; or (iii) loan, lease, sub-license or otherwise attempt to grant rights in the App to third parties.
3.3 Withdrawal of Application
The App is made available to you for your personal, non-commercial use. Hyperlocal reserves the right to amend or withdraw the App, or to modify the terms and conditions applicable to the App, at any time and for any reason. Your continued use of the App following the posting of any modified EULA terms shall constitute your acceptance thereof.