Terms of Service
Last Updated: January 11th, 2013
ShopLocal is an advertising and marketing solutions company that creates and distributes a variety of digital advertisements for retailers ("Retailers") hosted on our own sites, cobranded sites, and retailer branded sites. ShopLocal LLC ("ShopLocal or "we") operates the websites www.shoplocal.com and www.aboutshoplocal.com, as well as a number of retailer-specific weekly ad sites on the ShopLocal domain (e.g., retailername.shoplocal.com) and on various non-ShopLocal subdomains (e.g., weeklyad.retailername.com or localad.retailername.com) (each a "Site" and, collectively, the "Sites"), and supports weekly ads for a number of retailer’s web sites, social media sites and mobile apps. By using any one of the Sites, you agree to be bound by these Terms of Service and to use the Sites in accordance with these Terms of Service and our Privacy Notice. Accessing any one of the Sites, in any manner, constitutes use of that Site and your agreement to be bound by these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Availability of the Site
There may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason, such as routine maintenance. You understand and acknowledge that Site access may be interrupted, suspended or terminated. ShopLocal retains the right at our sole discretion to deny service, or access to the Site to anyone or any account, at any time and for any reason.
Your Conduct on Our Site
General. As a condition of your use of this Site, you agree that: (i) You are an individual person more than 13 years of age; (ii) Your use of this Site will at all times comply with the terms of these Terms of Service and all applicable law.
BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms of Service:
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by ShopLocal;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at hacking, overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with ShopLocal;
- Using the Site or any of its resources to solicit Site users or Advertisers to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with ShopLocal;
- Using any information from the Site for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Your Limited Right to Use Site Materials. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors or retailers, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Site, please contact us.
Links to Other Websites
Throughout our Site, we have provided links to Internet sites maintained by third parties, such as links to retailers’ websites (where you can view more information and purchase advertised products) and to social networking sites like Facebook, LinkedIn and Twitter (where you can view more information and comment on advertised brands and products).
Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. The linked sites are governed by their own privacy policies and terms of service and ShopLocal is not responsible for the content of these sites.
We respect the privacy of the users of our Site. Please take a moment to review our Privacy Notice.
The information on the Sites related to retailers is supplied by retailers, who bear sole responsibility for the accuracy and completeness of this information. You agree that you must personally evaluate and bear all risks associated with the use of any content on the Sites, including any reliance on the accuracy, completeness or usefulness of that content.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Site is provided for informational purposes only, and is not intended for commercial use. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Site, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.
Last Updated: January 11th, 2013
ShopLocal is an advertising and marketing solutions company that creates and distributes a variety of digital advertisements for retailers ("Retailers") hosted on our own sites, cobranded sites, and retailer branded sites. ShopLocal LLC ("ShopLocal or "we") operates the websites www.shoplocal.com and www.aboutshoplocal.com, as well as a number of retailer-specific weekly ad sites on the ShopLocal domain (e.g., retailername.shoplocal.com) and on various non-ShopLocal subdomains (e.g., weeklyad.retailername.com or localad.retailername.com) (each a "Site" and, collectively, the "Sites"), and supports weekly ads for a number of retailer’s web sites, social media sites and mobile apps.
Information that we collect is used to provide and improve our advertisement services. To help you understand how your information is collected and used, please read this Privacy Notice, which explains the privacy practices of our Sites.
The Sites are directed exclusively to a U.S. audience. ShopLocal adheres to all applicable privacy and data protection laws and regulations.
Please read this Privacy Notice carefully. By visiting and using any of the Sites, you agree that your use of the Site, and any dispute over our online privacy practices, is governed by this Privacy Notice and our Terms of Service. Because the Web is an evolving medium, we may need to change our Privacy Notice at some point in the future, in which case we'll post the revised Privacy Notice on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Notice as modified.
Your California Privacy Rights
(c) ShopLocal is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that ShopLocal has the right to monitor the Website electronically from time to time in its sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users..
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:
Online Privacy Coordinator
Gannett Law Department
7950 Jones Branch Drive
McLean, VA 22107
How We Collect and Use Information
Information You Provide. We may collect information that you voluntarily provide to us while on our Site, such as when you contact us with questions. This may include information that can be used to contact or identify you, such as your name, email address, or postal address. We use this information to provide you with advertisements, respond to your questions and requests, to provide you with services you requested, and to improve our site, services and offerings, and that of our retail clients. We may also share your information with our retail clients if you provide us information in a context about our retail client’s products or services.
Location Information. ShopLocal may collect location information (e.g., city and state and/or zip code) that is voluntarily provided by users who wish to view promotions and advertisements near them. In addition, we also use software that allows us to infer your general location (e.g., city and state) automatically from your IP address. If we are unable to infer your location and you do not provide it to us, you may see content related to Chicago, Illinois, or other default locations. We use location information in order to provide you with advertisements and promotions that are relevant to your geographic area.
Other Information Automatically Collected to Improve the Site and Deliver Targeted Advertising. We collect information about your use of our Site, including device identifying information such as IP addresses, through a variety of automatic technologies, such as browser and flash cookies, pixels and web beacons, as you navigate through the Site. Cookies are small files that are placed on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, save user preferences and track user trends and patterns. We may use web beacons (single-pixel graphic files also known as "transparent GIFs") to access cookies and to count users who visit the Site or open our HTML-formatted e-mail messages. This information helps us to improve your experience of the Sites, including by improving the delivery of our ads and web pages to you and by helping to measure traffic on the Site.
Other Uses of Your Information. We may use any information collected from you via the Site for any purpose related to the Site, including to contact you for customer service purposes, to inform you of important changes or additions to our Site or the services offered over our Site, and to send you administrative notices and any other communications that we believe may be of interest to you. For more information about your choices for opting out of communications from us, see the section "Unsubscribing from E-mail Communications."
How Information Is Shared
Sharing Information with Third Parties for Advertising Purposes. We may use third-party service providers to target and serve some of the advertisements you see on the Sites. We may share technical information, such as type of pages viewed and categories of interest, from our Site with these service providers for their use in displaying ads on our Site. These providers may use their own browser or flash cookies, web beacons and similar technologies to collect technical information (such as IP address, browser type, or pages visited) from users of your Sites. These service providers may use that information, sometimes in conjunction with similar information gathered through other websites, to deliver advertisements on this Site, and on other websites that participate in our service providers’ advertising networks, that are tailored to match the perceived interests of consumers.
If you want to limit the information that is automatically collected while you use our Site, many Web browsers allow you to disable or block cookies. If you would like more information on how to opt out of information collection practices by many third parties, visit the Digital Advertising Alliance’s website at www.aboutads.info.
Aggregate and Technical Information Collected for Efficacy Reporting to Retailers. We may also use aggregate and technical information collected from the Site to report to our retailers on the efficacy of their circulars in generating user interest. For example, we may provide to a retailer information about how many users clicked on each portion of their circular, how much time they spent viewing a circular, their IP addresses, browser types, and other information that may help them improve their sites, services and offerings.
Sharing with Third Parties for Other Purposes
ShopLocal may occasionally release information about our visitors if required to do so by law or if, in our business judgment, such disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce our Terms of Service; or (c) to protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, our retailer clients, other users, and/or the public.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our Site is acquired by another company, information about our Site users may be among the transferred assets.
Links to Other Sites
Please keep in mind that whenever you voluntarily make your Personal Information or other private information available for viewing by third parties online - for example on blogs or social networking areas linked to our Site - that information can be seen, collected and used by others besides us. We are not responsible for any unauthorized third-party use of such information.
The security of your information is very important to us. All information we gather on the Site is stored on secure servers and our internal systems. However, as effective as the reasonable security measures implemented by us may be, no physical or electronic security system is impenetrable. We cannot guarantee the security of our Site's servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Children's Privacy Statement
ShopLocal does not knowingly collect any Personal Information from a child under 13.
Questions Regarding Privacy
If you have any questions about this Privacy Notice, our privacy practices, or your dealings with us, you can contact:
Online Privacy Coordinator
Gannett Law Department
7950 Jones Branch Drive
McLean, VA 22107