Please read these Terms of Service and Conditions of Use carefully before using this site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
Services Available on Site
Rank Local Search may make certain services available to individuals who register on the Site (“Registered Users”) and general visitors to the Site (“Visitors”) (we collectively refer Registered Users and Visitors to as “Users”). For example, Users may register to receive a print publication or an e-mail newsletter, take part in forums or moderated discussions with other Users, post comments on a bulletin board, post and respond to classified ads, or enter sweepstakes (collectively, “Services”, and with the Site, the “Site”). Users may also access articles and perform research.
Rank Local Search may make certain forums available on the Site that allows Registered Users the opportunity to take part in moderated discussions and to post information on bulletin boards (collectively, “Forums”). Registered Users who take part in these Forums are solely responsible for the information and other content they post on and through these Forums and should know when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is accessible to and may be collected and used by other Registered Users, and Visitors, and may cause unsolicited online and offline messages from such viewers. We encourage registered users to exercise discretion when providing personal information about themselves in and through Forums.
Internet Access
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. Rank Local Search shall not be responsible for any malfunctions, errors, crashes, or other adverse events that may occur from your use of the Site.
Proprietary Rights
As between you and Rank Local Search (including our affiliates), we are the owner and/or allowed the user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site unless otherwise shown. Except as otherwise provided use of the Site does not grant to you a license to any content, features, materials, or hotel classifications you may access on the Site. We strictly prohibit any commercial use of the Site, except as allowed or otherwise approved by us. You may not download or save a copy of the content or screens except as otherwise provided in these Terms and Conditions for any purpose. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you other use the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, and applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material, or any other intellectual property, by including them on the Site. You also agree and acknowledge we may use that in any manner.
User Information
In the course of your use of the Site, you may be asked to provide certain information about yourself to us (“User Information”).Rank Local Search information collection and use policies regarding such User Information are set forth in the Site Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
Submitted Material
Any information or material that you submit or send to Lucky Digitals or otherwise make available on or through the Site (“Your Material”) will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you:
- Agree and acknowledge that we will not treat Your Material as confidential or proprietary.
- Represent and warrant that the Material:
- Is original to you and that no other party has any rights to the material;
- Does not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, libelous, deceptive, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;
- Does not contain a virus or other harmful component; and
- Does not contain, unless the specific Service allows, any advertising of any kind, or misleading indications of origin or statements of fact.
- Grant Lucky Digitals the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, change, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in Your Material have been waived.
No Endorsement
Rank Local Search does not represent or warrant the truthfulness, accuracy, or reliability of any material posted by others on or through the Site, nor does Lucky Digitals endorse any opinions expressed by Users or others, such as responses provided in the “Ask the Expert” portions of the Site. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users is the views of the User posting the statement and does not represent the views of Lucky Digitals.
Unsolicited Materials
Unless specifically requested, Lucky Digitals does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.
User Conduct
You warrant and agree that, while using the Site, you shall not:
- Upload post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
- Restrict or inhibit any other user from using and enjoying the Site;
- Makeup or encourage conduct that would make up a criminal offense or give rise to civil liability;
- Impersonate, or misrepresent your affiliation with any other person or entity;
- Upload, post, publish, transmit, reproduce, distribute or exploit any information or other material got through the Site for commercial (other than as permitted by the provider of such information or other material); • Engage in spamming or flooding; or
- Attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise permitted you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, inappropriate, or in violation of these Terms and Conditions. We may also suspend or end any User’s use of the Site at our sole discretion.
You agree to defend, indemnify and hold Lucky Digitals, its directors, officers, employees, agents, and affiliates harmless from all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Site or the placement or transmission of Your Material on or through the Site by you.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LUCKY DIGITALS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. LUCKY DIGITALS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, GOT BY YOU FROM RANK LOCAL SEARCH OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT MADE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LUCKY DIGITALS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF RANK LOCAL SEARCH OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL LUCKY DIGITALS BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF RANK LOCAL SEARCH TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO RANK LOCAL SEARCH FOR YOUR ACCESS TO OR USE OF THE SITE.
Links to Other Sites
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site (“Linked Sites”). It provides links to Linked Sites as a convenience to you and does not make up an endorsement by or association with Rank Local Search of such sites or the content, products, advertising, or other materials presented on such sites. Lucky Digitals does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Lucky Digitals is not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on such Linked Sites.
Applicable Laws
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for other locations. Persons who choose to access this Site from other locations do so on their own initiative, and handle compliance with local laws, if and to the extent local laws apply.
Miscellaneous
The laws of the State of Florida shall govern the Terms and Conditions and, without regard to its conflict of law provisions. You and Rank Local Search agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the court in the State of Florida, County of Seminole. You and Lucky Digitals each agree to submit to the personal and exclusive jurisdiction of the courts within Seminole County in the State of Florida the failure of Lucky Digitals to exercise or enforce any right or provision of the Terms and Conditions shall not make up a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services
We may change these Terms and Conditions from time to time and without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to end, change, suspend or discontinue any aspect of the Site, including, but not limited to content, features, or hours of availability. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.
