comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of LocalHand, its users or the general public.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that makes a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap;
e) that violates equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) that impersonates any person or entity, including, but not limited to, a LocalHand employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
g) that includes personal or identifying information about another person without that person's explicit consent;
h) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
j) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the LocalHand sites which are not designated for such purposes; or emailed to LocalHand users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
l) that includes links to commercial services or web sites, except as allowed in "services";
m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
n) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
q) write reviews on your user profile;
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expresslypermitted by LocalHand;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum;
x) attempt to gain unauthorized access to LocalHand's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the LocalHand website;
y) use any form of automated device or computer program that enables the submission of postings on LocalHand without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on LocalHand's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from LocalHand. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from LocalHand.
You understand and agree that sending unsolicited email advertisements to LocalHand email addresses or through LocalHand computer systems is expressly prohibited by these TOU. Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
You acknowledge that LocalHand may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that LocalHand has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that LocalHand reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that LocalHand shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
LocalHand grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by LocalHand. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
LocalHand permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by LocalHand to do so. You may also create a hyperlink to the home page of LocalHand sites so long as the link does not portray LocalHand, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by LocalHand immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from LocalHand.
You agree that LocalHand, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LocalHand believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that LocalHand shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of LocalHand. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of LocalHand, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although LocalHand does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to LocalHand an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant LocalHand all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
You agree that use of the localhand site and the service is entirely at your own risk.
The LocalHand site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
LocalHand disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the LocalHand site and the service, to the fullest extent permitted by law. LocalHand disclaims any warranties for other services or goods received through or advertised on the LocalHand site or the sites or service, or accessed through any links on the LocalHand site. To the fullest extent permitted by law, LocalHand disclaims any warranties for viruses or other harmful components in connection with the LocalHand site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Under no circumstances shall LocalHand be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if LocalHand has been advised of the possibility of such damages), resulting from any aspect of your use of the LocalHand site or the service, whether the damages arise from use or misuse of the LocalHand site or the service, from inability to use the LocalHand site or the service, or the interruption, suspension, modification, alteration, or termination of the LocalHand site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the LocalHand site or the service or any links on the LocalHand site, as well as by reason of any information or advice received through or advertised in connection with the LocalHand site or the service or any links on the LocalHand site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold LocalHand, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU constitute the entire agreement between you and LocalHand and govern your use of the Service, superseding any prior agreements between you and LocalHand. The failure of LocalHand to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU, by flagging the listing(s) or review(s) using the "Report this listing" or "Dispute this review" links, or by contacting us:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for LocalHand to pursue legal action to enforce the TOU, you will be liable to pay LocalHand the following amounts as liquidated damages, which you accept as reasonable estimates of LocalHand's damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay LocalHand one thousand pounds (£1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If LocalHand establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay LocalHand one hundred pounds (£100) for each message posted in excess of such limits or for each day on which you access LocalHand in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to LocalHand email addresses or through LocalHand computer systems, you agree to pay LocalHand twenty five pounds (£25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay LocalHand one hundred pounds (£100) for each Item of Content posted. In its sole discretion, LocalHand may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay LocalHand one hundred pounds (£100) for each and every Item of Conent posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay LocalHand an additional one hundred pounds (£100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without LocalHand's express written permission, you agree to pay LocalHand three thousand pounds (£3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay LocalHand's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, LocalHand retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
We welcome your questions and comments on this document: