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Support

Support2020-08-13T15:55:09+00:00
Terminology2020-06-30T11:14:50+00:00
General2020-08-10T14:33:34+00:00

Townaide is a global service and product sourcing 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. 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.

Privacy Policy2020-06-30T13:42:35+00:00

Last Updated: June 1, 2020

Townaide Limited. Privacy Policy

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”).

This is the Privacy Policy for Townaide Limited. and its wholly-owned subsidiaries. (collectively, “Townaide”, “we”, “us” or “our”).

Townaide offers the following services:

  1. 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
  2. Enterprise Services, which include our media, attribution, analytics, Application Programming Interface (“API”) and Software Development Kit (“SDK”) products (collectively, the “Enterprise Services”).

This Privacy Policy is divided into four parts:

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;
  • collected by cookies and other technologies, such as cookie ID, advertising ID or other unique advertising ID, web beacons, local storage and pixels. You can control certain types of cookies through your browser settings or other tools. You may review our Cookie Policy for further information.

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.

Enterprise Services

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?

We neither rent nor sell Data about users unless anonymized. Though, as described more fully in this Privacy Policy, we may license or otherwise provide certain other Data to third parties, provided we have received your consent to do so.

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

“Settings.”

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

Except as permitted under this Privacy Policy, we will only share your PII with your consent. For example:

  • 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.

Other times

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

Some features and functionality in our Apps may require that you provide your location. If you have your location services turned on, whenever you open and use or interact with our Apps (e.g. write a tip or check in to a restaurant) on your mobile device, we collect and use your location data from your mobile device (e.g., latitude and longitude) to tailor the Consumer Services to your current location (i.e. we’ll show you a list of nearby locations, and tips). We will only process your location data with your permission. If you have background location data turned on by granting us permission through your device’s location settings and in your privacy settings, we will, from time to time, obtain your device’s location even if you are not directly interacting with the Apps. Other than in an anonymized, pseudonymized or aggregated form, your location is never shared with others, except with your consent or as permitted under this Privacy Policy.

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.

You can control cookies through your browser settings and other tools. For more information, including the types of cookies and similar technologies found on Townaide, please read our ‘Cookie Policy’.

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

or app.

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.)

SDK Products

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.

Media Products

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.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Privacy Policy, or about our processing of your PII, please use the contact details provided below.

Security

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]

PII Retention

The criteria for determining the duration for which we will keep your PII are as follows: we will retain copies of your PII only for as long as is necessary in connection with the purposes set out in this Privacy Policy, unless applicable law requires a longer retention period. In addition, we may retain your PII for the duration of any period necessary to establish, exercise or defend any legal rights.

International Users

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.

Changes to this Privacy Policy?

Townaide may amend this Privacy Policy from time to time. We encourage you to regularly check this page to review any changes we might make in accordance with this Privacy Policy. If we make material changes in the way we use your Data, we will notify you by posting an announcement on our Sites or Apps, or by sending you an email (if we have your email). If permitted by law, users are bound by any changes to this Privacy Policy when they use the Consumer Services and Enterprise Services after such changes have been first posted.

Terms and Conditions2020-06-30T13:29:46+00:00

Last Updated: June 1, 2020

Townaide Limited. TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY Townaide Limited. (“TOWNAIDE”), A UNITED KINGDOM LIMITED COMPANY. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://WWW.TOWNAIDE.COM (THE “SITE”) AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY TOWNAIDE (COLLECTIVELY WITH THE SITE, THE “SERVICE”).

Acceptance of Terms.

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate Townaide’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Townaide, each of which is incorporated by reference and each of which may be updated by Townaide from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Townaide from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a listing on the Service.

Access.

Subject to these Terms of Use, Townaide may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Townaide performs for you, any applications or widgets offered by Townaide that you download from the Site or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by Townaide, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Townaide and represent, warrant and covenant that you provide Townaide with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and/or mobile telephone number and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Townaide account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.

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.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Townaide may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

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.

Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Townaide cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, “recommendations”, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Townaide on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”

Townaide Content.

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.

Subject to these Terms of Use, Townaide grants each user of the Site and/or Service a worldwide, non-exclusive, non sub-licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Townaide, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

User Submissions.

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.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

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
  • breaches the Privacy Policy, the House Rules and/or any of the other policies and rules incorporated herein.

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.

Townaide does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Townaide has no obligation to monitor the Site, Service, Content, or User Submissions. However, Townaide reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Townaide is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Townaide also reserves the right to access, read, preserve, and disclose any information as Townaide reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Townaide, its users and the public.

Card Services

Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services or to redeem an offer or special using your credit card (together with “Card Services”). Townaide uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Townaide is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, Townaide will obtain certain transaction details, which Townaide will use solely in accordance with our Privacy Policy.

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.

Termination.

Townaide may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

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.

Indemnification.

You shall defend, indemnify, and hold harmless Townaide, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Townaide). Townaide reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Townaide in asserting any available defenses.

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.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TOWNAIDE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

  • 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.

Governing Law.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Townaide agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

  • These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

Integration and Severability.

These Terms of Use are the entire agreement between you and Townaide with respect to the Service and use of the Site, Service, Content, User Submissions supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Townaide with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Townaide must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use.

Townaide reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Townaide may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Cancellation of these Terms of Use

In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via the Site, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User Submissions, and/or provision or access of Content via the Site by such users.

Miscellaneous.

Townaide shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Townaide’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Townaide’s prior written consent. Townaide may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Solely in respect of users located in the EEA and/or Australia, in respect of these Terms of Use and your use of this Site, Service, Content or User Submissions, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

Language.

Where Townaide has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Townaide.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

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