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Outalot

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Terms of Use

About Outalot

Outalot is a city guide service that allows users to find places of interest - restaurants, bars, and movie theaters - near a specific location. When you access our web site on your desktop computer or mobile phone, you agree to these Terms of Use and acknowledge that you have read and understand them. If you do not agree to these Terms of Use, please do not visit Outalot.com.

Outalot is wholly owned and operated by Seed Wireless, LLC, a limited liability corporation based in New York State with its principal place of business in Brooklyn, NY. If you have any questions or concerns regarding these Terms of Use, please contact us at . Seed Wireless reserves the right to change these Terms of Use at any time. We suggest you periodically check this site for any changes. The Terms of Use were last updated on June 4, 2008.

Eligibility

The mobile and desktop versions of Outalot are intended solely for users who are 13 years of age or older. Use of Outalot by anyone under 13 is in violation of these Terms of Use. By accessing Outalot, you represent and warrant that you are 13 or older and you agree to follow all of the terms and conditions set forth in these Terms of Use. Seed Wireless may terminate your account, delete your profile and any content or information that you have posted on Outalot and/or prohibit you from using or accessing Outalot if it believes that you are under 13.

Registration

Though it's not required, you may want to create an account on Outalot so you can:

  • Add places of interest to your bookmarks
  • Rate and review restaurants, bars, and other businesses
  • Set up favorite locations
  • Enable use of a consistent location across our online and mobile sites
  • Add tags to listings

In order to create an account, you must supply a valid email address, a username, and password. Your password is encrypted and Seed Wireless will take reasonable and customary steps to keep this data secure. However, you are responsible for keeping your password a secret and agree to notify us immediately if you believe someone has gained access to your account. You are responsible for all activity that occurs under your account, such as the posting of reviews or ratings of businesses.

You may not:

  • Select or use as an Outalot username a name of another person with the intent to impersonate that person
  • Use as an Outalot username a name subject to any rights of a person other than you without appropriate authorization
  • Use as an Outalot username a name that is otherwise offensive, vulgar or obscene.
Seed Wireless reserves the right to refuse registration of, or cancel an Outalot username, at its discretion.

Copyright, License Terms, and Restrictions on Use

Unless otherwise indicated, all content and other materials on Outalot are the property of Seed Wireless or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use Outalot for your informational, non-commercial and personal use only.

You agree that you shall not:

  • remove any copyright, trademark or other proprietary rights notices contained in or on Outalot.com;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users of Outalot.com;
  • transmit any viruses, worms, defects, Trojan horses or other items of a malicious nature;
  • use Outalot to compromise the security of any computer network, hack passwords or security encryption codes, or transfer or store illegal material;
  • data mine, scrape, crawl, or use any process or processes that send automated queries to the Outalot.com web site, except for use in creating search indexes.
  • use the Outalot.com web site to compile a collection of listings, including a competing listing product or service.
  • use Outalot, intentionally or unintentionally, to violate any applicable local, state, national or international law.

If you believe there is content posted on Outalot that infringes on your copyrighted material, please notify us by email at .

User-Generated Content

  • When you submit content to Outalot, we make no claim of intellectual property rights over the content you provide. However, by submitting content to Outalot, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Seed Wireless, its contractors, and other Outalot users an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute your content and to prepare derivative works of, or incorporate into other works, such content. This license is non-exclusive.
  • You are solely responsible for any content or other materials that you submit, publish or display on Outalot or transmit to other users.
  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  • You may not submit any content that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that Seed Wireless, at its sole discretion, may review and delete any content which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others. Examples of such content include messages that promote bigotry, racism, hatred, or physical harm of any kind against an individual or group, or content that promotes illegal activities, endorses conduct that is abusive, or is pornographic or sexually explicit in nature.
  • You are solely responsible for your ratings and reviews of businesses listed on Outalot.
  • You agree that you will not knowingly provide false or misleading information.

Privacy

Please review our Privacy Policy, which governs the use of personal information on Outalot and to which you agree to be bound as a user of the site. The Privacy Policy was last updated on January 16, 2008.

Indemnification

You agree to indemnify and hold Seed Wireless and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through Outalot, your use of the service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another.

WARRANTY DISCLAIMER

OUTALOT AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SEED WIRELESS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER OUTALOT USERS. OUTALOT IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITE OR USE OUTALOT, AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL SEED WIRELESS BE RESPONSIBLE FOR ANY HARM, LOSS, INJURY, OR DAMAGE OF ANY KIND RESULTING FROM ANYONE'S USE OF THE SITE OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SEED WIRELESS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. SEED WIRELESS AND OUTALOT'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE USER.