- FOB (Free on Board)
- EXW (Ex Works)
- FAS (Free Alongside Ship)
- FCA (Free Carrier)
- CFR (Cost and Freight)
- CPT (Carriage paid to)
- CIF (Cost Insurance and Freight)
- CIP (Carriage and Insurance Paid)
- DES (Delivered ex Ship)
- DAF (Delivered at frontier)
- DEQ (delivered ex quay)
- DDP (Delivered duty paid)
- DDU (Delivered Duty Unpaid)
Townaide is a global service and product sourcing & procurement platform which facilitates the process of doing business locally and globally across many sectors.
Townaide allows businesses and individuals to capture their requirements onto the Townaide platform which are then made available publicly online. Local and global suppliers and service providers are encouraged to scan the site by location or speciality to see if they can assist and fulfil the needs of the request. This takes place by means of enquiries against the listing which are ordered and stored online until such time as the request is deleted or automatically terminated.
Last Updated: June 1, 2020
Townaide knows that you take your privacy seriously. We do, too. We intend to be transparent with you about our data practices and to give you control over information we collect about you (your “Data”), some of which may identify you or from which you may be identified. (“PII”).
Townaide offers the following services:
- Consumer Services, which include our websites (www.townaide.com and developer.townaide.com) (the “Sites”), our Townaide mobile applications (collectively, the “Apps”), and our features (i.e. attributes that Townaide makes available, such as the ability for users to create lists), content (e.g. tips, reviews, photos that users may provide), and widgets (i.e. an application that allows users to access the Apps) (all, collectively, the “Consumer Services”); and
- Enterprise Services, which include our media, attribution, analytics, Application Programming Interface (“API”) and Software Development Kit (“SDK”) products (collectively, the “Enterprise Services”).
Part I applies to Data about users of our Consumer Services (“Townaide Users”).
Part II applies to Data provided by customers of our Enterprise Services (“Enterprise Customers”), about users of Enterprise Customers’ products (“Partner End-users”).
Part III applies to Data about individuals other than Townaide Users and Partner End-users, such as individuals acting in their professional capacity as representatives of a third party developer, vendor, partner or enterprise customer.
Part IV applies to all Data that we may collect and further process in the circumstances described in all of Parts I, II and III.
Part I – Townaide Users
Below are the types of Data we collect about Townaide Users and the ways in which we may collect, use and share that Data.
What Data Does Townaide Collect?
Data You Provide To Us
We receive and store Data that you provide to us when you create an account and use our Consumer Services. When you create an account, we may collect your full name, email address, phone number, birthday, gender, the city in which you created your account, and where applicable, your Twitter, Facebook or Google username and other Data if you create an account using your third party log-in credentials (please see “Data Received From Third Parties” below). As you interact with us and use our Consumer Services, we may also collect other Data that you directly provide to us, which may include pictures that you choose to upload to your account, any restaurant or other venue searches you make, your likes, who you follow, check-ins, comments or tips you make, whether you have created or edited venues, and any other Data that you volunteer to us.
Data Collected When You Use Our Consumer Services
If you opt-in, we automatically receive Data about your location and/or IP address whenever you interact with, or use, the Consumer Services (e.g. open the App, visit our website, etc.). We use various technologies to determine your location, such as the location services of your operating system or browser, sensor data from your device (e.g. magnetometer or barometer, Bluetooth data, beacon data, Wi-Fi access points, GPS data, and cell tower data), and other Data that may help us to understand your precise location. We may also collect additional Data about you when you use the Consumer Services. For example, we receive Data:
- relating to how you interact with the Consumer Services, such as your search terms, what pages you view, your access times, the time you spend on each page, your IP address, the redirected pages, or any messages you write to other users or post to the Consumer Services;
- relating to your device, such as your hardware model, operating system, unique ID, browser type, language, and wireless network;
If you use our Apps and have enabled background location services in our Apps, you have permitted us to collect the above Data about you in the background even when you do not have the Apps open (as permitted by your device settings). You may turn off location services at any time by going to your device settings and toggling off background location. For more information about location, please see “Determining and Sharing Location” below.
Data Received From Third Parties
We may receive Data about you from third parties, including Enterprise Customers (e.g. customers of our Media Products) and/or third parties with services that interact with the Consumer Services or that provide services to us, such as unaffiliated apps and websites, e.g., websites and applications offered by third party developers that integrate with our API, advertising exchanges, ad platforms, ad networks or from our partners. This Data may include Data about your activity when using the Consumer Services or on unaffiliated websites and apps, or Data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers (e.g. Apple IDFA or Google Advertising ID), as well as cookie information, pixel or other similar technology. If you created your account using your Google, Twitter or Facebook account profile, we may receive certain information from these companies, such as your first name, last name, gender, birthday, email address and your Google, Twitter or Facebook ID.
How Is My Data Used?
Below are the ways that we may use Data about Townaide Users.
To Operate, Maintain And Improve The Consumer Services
We may use your Data to operate and maintain the Consumer Services, and to understand you better and tailor the Consumer Services to you. If you download more than one App, we may combine your Data provided in each App. If you use the Consumer Services when you are not logged into your Townaide account, when you subsequently log into your Townaide account, we may combine Data collected while you were not logged in with your Townaide account.
We may also use your Data for research and development, to improve the Consumer Services, or to offer new products, features and tools, but only to the extent that this is in compliance with applicable law. For example, we may redesign the Apps to make it easier for you to search for restaurants in Townaide. We may also use your Data to customize our Apps and Sites to provide you with your own special experience. We do this by inferring your interests and preferences, looking at your search history or allowing you to find and add friends who are also using the Apps and Sites from your device’s contact list or if applicable, your Facebook, Google or Twitter account if you have opted to connect these accounts to your Townaide account. In these situations, we do not store your contact lists.
We also may use your Data to help us map Locations (as defined below). For example, we may use device signals to determine that a particular device is within a particular venue. Additionally, if you consent to sharing crash data (when the Apps crash) with us, we may use that data to help us analyze the cause of the crash.
Communicate With You
We may use your Data to communicate with you, including by email, text (only if you opt-in), or in our Apps, about new product offerings, updates to the Consumer Services, or anything else we think may be of interest to you. You can opt out of receiving marketing and promotional communications.
Protection Of Our Rights
We may use your Data to protect the rights, property or safety of Townaide, the Consumer Services, our users and employees, or any third party. For example, we may use your Data if we need to enforce or apply our Terms of Service or Policies.
We may use your Data in our Enterprise Services and in other services that we may provide to businesses. For example, when partners use our SDK, we may receive certain Partner End User Data back (e.g., wifi end points, Visit Data, and other Data), including Data about Townaide Users, if the Partner End-Users are also users of our Consumer Services. We may use this Data for our business purposes or to improve the Enterprise Services. As always, you can always opt-out of this type of sharing by disabling your background location services for the Apps. See also “Media Products” section of Part III below.
When Is My Data Shared?
Data That May Be Shared With Other Users
When you use the Consumer Services, your authorized friends may see some of your PII, such as your name, email address, phone number associated with your account, profile photo, hometown, badges/stickers, and links to your Twitter and Facebook accounts (if you have connected those accounts to your Townaide account), a list of your friends, a map of your check-in history, any content or comments that you post, and which Apps you use. When you communicate on or through the Consumer Services, such as by direct messaging to your friends or checking-in to a business, an establishment, or a location (each a “Location”), such as a gym or a restaurant, your friends may see this Data, too. You can always control what you want visible to others, including your friends, at any time by clicking on
“Settings” in your account and making your choices.
Publicly available Data such as the Data available in your user public profile, tips, likes, saves, public photos, lists that you create and follow, tastes, badges/stickers and lists of friends and/or followers may be searchable by search engines and be shared with or disclosed to third parties, including through our Enterprise Services to our partners and customers.
Data That May Be Shared With Third Party Partners And Service Providers
A key purpose of the Consumer Services is to help users discover and learn about Locations, upcoming events, and brands that are relevant to them, and for these organizations to provide information about themselves, their Locations and events to users, as well as to reward users when they visit their Location or event through offers or specials provided to you in compliance with applicable law. When you visit a Location, your visit may be shared with that Location so they can provide superior products and services to you. Sharing your visit means providing the Location with your user name, profile photo and the handles for any social media accounts you have connected with your Townaide account (e.g., your Twitter ID) at the time you “check-in” to a Location. You can always control what Data you chose to share with Locations by adjusting your preferences in
We may also use service providers, vendors and contractors to provide or perform services on our behalf. In these cases, we may need to share your PII with them. Our service providers, vendors and contractors will be subject to binding contractual obligations to: (i) only process the PII in accordance with our prior written instructions; and not use the PII for their own purposes; and (ii) use appropriate measures to protect the confidentiality and security of the PII; together with any additional requirements under applicable law.
When we partner with a business, we may share Data with them but only in aggregate or in some cases, we may share a non-identifying ID such as an advertising ID or a hashed identifier (“pseudonymized”). When we share Data in a pseudonymized form, a unique identifier is shared so that our partner can measure conversion as to whether an individual has seen its ad, visited its website, or went to their brick and mortar location. We may also share or disclose aggregated, pseudonymized, and/or anonymous Data to other third parties, including Townaide Users you may follow, and developers who use our API or SDK, or our other Enterprise Customers, for analytical or other purposes. See also “Media Products” section of Part III below.
When You Consent
- If you consent or authorize a third party app to access your Townaide account, we may share your Data with such third party app. You can revoke your consent at any time in your Townaide account profile settings.
- We sometimes enter into relationships with partners to offer contests and promotions through the Consumer Services. For example, we may partner with a brand to have a contest to win a prize and if you enter the contest, we may share your email address and/or other necessary PII with such brand, with your consent. In these cases, we will only share Data that is necessary with our partner.
We may share your Data when we believe in good faith that such release is necessary to comply with law or a legal process, including laws outside your country of residence; to protect our rights, property, or safety of Townaide, our employees, the Consumer Services and others.
We may share your Data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event.
Determining and Sharing Location
In the App, your location is also shared when you “check in” on the app to let the Consumer Services know that you’re at a particular Location or, if you have turned on ‘check-in by friends,’ when your friend tags you in his or her check in. The location information shared with a “check in” is the Location. Additionally, when you send a message, your mobile device’s location is shared with all recipients of the message. While your location will still be collected by us, you can check-in “off the grid” so that you are not sharing your specific whereabouts with friends.
Each of your check-ins using the Consumer Services is saved to your “Check-in History,” which allows you and your friends to look back at the locations you have checked in since you created your account. You can delete any of your check-ins from the check-in page in our Apps. If for any reason you ever decide to delete your account, your account and your PII will be deleted from our database.
What About Cookies and Similar Technologies?
We may use technologies like cookies, pixels, web beacons, local storage and other identifiers on our Sites, in our emails, within our Apps and sometimes in third party apps that use our API or SDK to provide you with a range of products and services. We use these technologies for a number of purposes, such as for authentication, security, preference settings, advertising and analytics. We sometimes work with advertisers or other partners, and advertising service providers to serve ads to you on the Consumer Services, or a third party website or app, that may be relevant to you based on your interaction with the Consumer Services, including places you have
“checked in” . You can view our advertising practices here.
How do I Access or Delete My Data?
You may access and update your Data at any time through the “Settings” tab in your Townaide account. To view every Location that you have visited, you may access this Data in the Townaide History tab
You may also delete your account at any time on our Sites by clicking on the Delete Your Account link in your Privacy Settings page. If you delete your account, your profile, including your check-in history, tips and photos, badges and stickers received, will be removed from the Consumer Services, and you will no longer be able to access such Data. We may not be able to restore your account once it has been deleted. Deletion of your account may not be immediate. Residual copies of your PII or posts may remain on backup media for a short period of time thereafter. Additionally, we may store certain Data that is not PII, i.e. does not directly identify you, in our internal systems, which we may use in our Enterprise Services. We may also retain Data as required by applicable law and we will not delete any Data that is not PII, i.e., has already been anonymized.
If you have questions about accessing, updating, or deleting your Data, please email [email protected]
Can I Opt Out?
How to Opt Out of Marketing and Promotional Emails and Text Messages
- By Email: You can opt out of marketing or promotional emails at any time by adjusting your preferences in the
- “notification settings” tab in the Apps or through the “Settings” tab on our Sites if you are logged into your account. You may also unsubscribe from emails in the footer of any marketing or promotional email. Please note that you cannot opt out of service or legal notices.
- By SMS: If you have opted in to receive SMS messages, you can always unsubscribe at any time by texting STOP in response to a message or by following the instructions in the SMS.
How to Opt-Out of Interest-Based Advertising
We adhere to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. At this time, however, we do not honor web browser Do Not Track (“DNT”) signals or other similar mechanisms.
You may opt out of interest-based advertising as follows:
- You may opt out of seeing interest-based ads from us or our third party advertising partners on your desktop browser and/or mobile web browser by visiting the DAA at http://www.aboutads.info/choices/ or by visiting the Network Advertising Initiative (“NAI”) at http://www.networkadvertising.org/choices/.
- You may opt out of seeing interest-based ads in the Apps by downloading the DAA’s AppChoices application, which is available at http://www.aboutads.info/appchoices.
- If you have a Townaide account, you may opt-out of seeing interest-based ads from Townaide only in the privacy settings section of your respective account.
- Certain versions of your device’s operating system permit you to opt out of interest based advertising. Please visit your device settings to limit such tracking.
Please note that when you opt out of interest-based ads, you will still see ads, but they will no longer be based on your interests or behavior. After you have opted out, we will no longer use any PII collected from you on that particular browser or device for advertising purposes. We will also be unable to connect that device or browser to a different device or browser.
How to Remove Background Location Sharing?
If you use our Apps and have opted-in to sharing your background location with us, you may remove your permission at any time by going into your operating device settings and toggling off background sharing.
Part II – Partner End-Users
Below are the ways in which we may collect, use and share Data about Partner End-Users.
API or Data Files
We share Data with third party developers via our API, which may also involve those third party developers agreeing to share Data about Partner End-Users with us. They have committed not to share Partner End-User Data with us: if it comprises PII; or without the Partner End-User giving prior consent to such sharing. (We also share Data with third party developers via data files but this does not involve those third party developers sharing Partner End-user Data with us.)
App developers may partner with us to use our SDK, which they integrate into their own apps to help them identify when Partner End-Users are near interesting places of relevance to their service (e.g. a nearby store with respect to which they can offer a coupon), identify accurate venue data (such as the geo-coordinates of a restaurant or store) or to identify when their end users have visited a specific venue (“Visit Data”). When partners use our SDK, we may receive certain Partner End-User Data back (e.g. wifi end points, Visit Data, and other Data), including Data about users of our Consumer Services, if the Partner End-Users are also Townaide Users.
Part III – Individuals Who Are Not Townaide Users or Partner End-Users
Below are the ways in which we may collect, use and share Data about individuals who are not Townaide Users or Partner End-Users.
We, our partners, and advertising service providers may receive Data from unaffiliated apps and websites, advertising exchanges, ad platforms, ad networks or from our partners, which we, our partners and advertising service providers may use to send interest-based advertising. The Data collected for this purpose may include Data such as activity when using the Consumer Services or on unaffiliated websites and apps, or Data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers (e.g. Apple IDFA or Google Advertising ID), as well as cookie information, pixel or other similar technology.
We may combine the Data described above with demographic, location and other interest-based segment Data from third parties to provide the Enterprise Services.
When we partner with a business, PII is not shared with them. We will only share Data in aggregate or in some cases, pseudonymized form. When we share Data in a pseudonymized form, a unique identifier is shared so that our partner can measure conversion as to whether an individual has seen its ad, visited its website, or visited their brick and mortar location.
We may collect Data about individuals acting in their professional capacity as a representative of a third party developer, vendor, partner or enterprise customer. We may collect their names, job titles, phone numbers, email addresses and/or billing addresses (of their organization), so that we can contact and interact with these organizations in relation to the contracting process, billing, and/or promotions. We do not combine Data from these individuals with any Data about users of our Consumer Services.
In the case of developers who use our API or SDK, we also collect Data that developers provide on their developer account profiles, as well as certain Data that we process when a developer uses his or her account (such as time of use and device information).
We may share Data we collect about these individuals with service providers, vendors and contractors to provide or perform services on our behalf, such as providers that help us manage customer relationships, sales, and marketing for Townaide. Our service providers, vendors and contractors will be subject to binding contractual obligations to: (i) only process this Data in accordance with our prior written instructions, and not use the Data for their own purposes; (ii) use measures to protect the confidentiality and security of the Data; (iii) comply with additional requirements under applicable law. We may also share this Data when we believe in good faith that such release is necessary to comply with law or a legal process, including laws outside the individual’s country of residence; to protect our rights, property, or safety of Townaide, our employees, the Consumer Services and others. We may also share this Data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event.
Part IV – Individuals Described In All of Parts I, II and III.
This Part IV applies to Data about individuals we may collect in the circumstances described in all of Parts I, II and III.
Your legal rights
Subject to applicable law, you may have a number of rights regarding the processing of your PII, including:
- the right to request access to, or copies of, your PII that we process or control, together with information regarding the nature, processing and disclosure of that PII;
- the right to request rectification of any inaccuracies in your PII that we process or control;
- the right to request, on legitimate grounds:
- deletion of your PII that we process or control; or
- restriction of processing of your PII that we process or control;
- the right to object, on legitimate grounds, to the processing of your PII by us or on our behalf;
- the right to have your PII that we process or control transferred to another data controller, to the extent applicable;
- where we process your PII on the basis of your consent, the right to withdraw that consent; and
- the right to file a complaint with a Data Protection Authority regarding the processing of your PII by us or on our behalf.
- This does not affect your statutory rights.
We use industry standard physical, technical, and logical security measures to protect your Data. We endeavor to safeguard your Data to ensure that it is kept secure. However, we cannot guarantee the security of Data in an account from unauthorized entry or use, hardware or software failure, and other factors.
Your account is protected by a password that you have chosen. We recommend using a password that is unique to your Townaide account. If you use the Consumer Services on public or shared networks (e.g. public wifi), we cannot ensure the security of your account.
Children under 13
Neither the Consumer Services nor the Enterprise Services are directed to individuals who are under 13 years of age. We do not knowingly collect any Data from children under 13. If you notice or suspect that a user is under 13, please contact us immediately at [email protected]
Our Apps and all of our data, including your Data, are hosted on servers in the United States. If you are using or accessing the Consumer Services or Enterprise Services from outside of the United States, your Data will be transferred to, processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain your Data through laws applicable in the United States. United States laws may not offer the same privacy protections as the law of your jurisdiction.
Last Updated: June 1, 2020
Acceptance of Terms.
Registration and Eligibility.
You shall not:
- create any account for anyone other than yourself without such person’s permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or Townaide account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Townaide reserves the right to refuse registration of, or delete a User in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Townaide password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Townaide in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
The Service contains Content specifically provided by Townaide or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
We may use your User Submissions in a number of different ways in connection with the Site, Service and Townaide’s business as Townaide may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Townaide a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Townaide’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Townaide does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Townaide.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Townaide will not be liable for any errors or omissions in any Content; and that Townaide cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Townaide in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- other than appropriate use of a listing, involves commercial activities (whether or not for profit) and/or sales without Townaide’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Townaide or any third party;
- impersonates any person or entity, including any employee or representative of Townaide;
- includes anyone’s identification documents or sensitive financial information; or
If the User Submission includes a photograph, Townaide’s Photo Guidelines shall apply. Townaide has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by Townaide in its sole discretion) an unreasonable or disproportionately large load on Townaide’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures Townaide may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any listing of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Townaide;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of Townaide’s guidelines and policies.
Third Party Sites and Services.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Townaide’s control, and you acknowledge that Townaide is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Townaide or any association with its operators. You further acknowledge and agree that Townaide shall not be responsible or liable, 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 or through any such website or resource.
Save to the extent required by law, Townaide has no special relationship with or fiduciary duty to you. You acknowledge that Townaide has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Townaide from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Townaide makes no representations concerning any Content contained in or accessed through the Service, and Townaide will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE, CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
TOWNAIDE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
ALL LIABILITY OF TOWNAIDE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF TOWNAIDE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS (£100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOWNAIDE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT TOWNAIDE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS FOR:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
- DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
- FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
- ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
Integration and Severability.