ReachListings Product Terms
IMPORTANT: THESE ARE THE PRODUCT TERMS (THESE "REACHLISTINGS TERMS") PERTAINING TO REACHLOCAL, INC.'S ("REACHLOCAL" OR "WE") REACHLISTINGS SERVICE (THE "SERVICE"). THESE REACHLISTINGS TERMS ARE REFERRED TO IN THE REACHLOCAL MARKETING SERVICES TERMS AND CONDITIONS (THE "MARKETING SERVICES TERMS") AND ARE INCORPORATED THEREIN.
PLEASE READ THIS CAREFULLY. YOUR EXECUTION OF AN ORDER FORM FOR MARKETING SERVICES WHICH INCLUDES THIS SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE REACHLISTINGS TERMS.
IN THE EVENT OF A CONFLICT BETWEEN THESE REACHLISTINGS TERMS AND THE MARKETING SERVICES TERMS AND/OR ORDER FORM, THE REACHLISTINGS TERMS WILL CONTROL.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE REACHLISTINGS TERMS AT ANY TIME. WE WILL PROVIDE NOTIFICATION OF CHANGES IN THESE TERMS BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE. ALL SUCH CHANGES WILL BE BINDING UPON YOU ONCE POSTED, UNLESS SUCH CHANGES ARE MATERIAL IN WHICH CASE SUCH CHANGES WILL NOT TAKE EFFECT UNTIL THE NEXT TIME YOU SIGN AN ORDER FORM WHICH INCLUDES THIS SERVICE.
Terms not defined herein will have the meaning set forth in the Marketing Services Terms.
- Description. The Service will provide you with the ability to place and synchronize your business listings (each a "ReachListing") across multiple business directory and search websites and mobile apps (the "Service Partner Sites") of third parties that participate in the version of the Service you have purchased, as determined by ReachLocal from time to time (the "Service Partners").
- Fees. You agree to pay the amounts set forth on the Order Form and/or the sign-up page. Your "billing period" will be specified by ReachLocal at the time of registration for the Service, though ReachLocal reserves the right to change the term of future billing periods at any time. If you signed up for the Service as part of a promotion, please refer to the terms of such promotion to determine the pricing and details of such promotion.
Term and Termination.
- The Service shall continue through the completion of the initial number of Cycles set forth on the Order Form and/or the sign-up page (the "Initial Term"). Thereafter, the Service will automatically renew for 12 Cycle terms (each a "Renewal Term"), unless you provide notice of cancellation as set forth below. In the event of a promotion, the duration of the promotional term will be considered the "Initial Term" and the period remaining in the 12 Cycle term after the promotional term will be considered a "Renewal Term."
- In order to cancel the Service and stop the auto renewal of your subscription for the following Renewal Term or any post-promotional period, you should follow these steps: (i) if canceling online, log into your account and visit your Account Settings tab, and from that tab choose "Subscriptions" and click on "Cancel Your Subscription"; or (ii) if cancelling via email, send your request to email@example.com, and a member of our team will contact you to walk you through the cancellation process. ReachLocal must receive your cancellation request before the start of the next Renewal Term. Your cancellation will become effective at the end of the Initial Term or Renewal Term then in effect, and no refunds will be provided for the remainder of such term then in effect.
- Limitations. You acknowledge and agree that (i) all content submitted for the Service will be subject to the Service Partners' character limits, quality standards and other applicable content policies, and that any such content may be rejected, in whole or in part, by a Service Partner at any time in its sole discretion, or modified at any time to comply with such policies, (ii) ReachLocal does not guarantee that any ReachListing or other content will be displayed on any Service Partner Site, and (iii) the appearance and/or location of any ReachListing or other content placement may change at any time. REACHLOCAL WILL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE SERVICE PARTNER SITES, FOR ANY DECISION BY A SERVICE PARTNER TO REJECT OR MODIFY ANY CONTENT SUBMITTED BY YOU, OR FOR ANY OTHER DECISION, CHANGE OR OTHER ACTION DESCRIBED IN CLAUSES (i), (ii) OR (iii) OF THE PRECEDING SENTENCE.
Use of the Service.
- License. ReachLocal hereby grants you a limited, non-exclusive, non-transferable right and license to access and use the Service solely in connection with your legitimate business needs. This license will terminate upon the cancellation or termination of your subscription, in which case you will immediately cease any further use of the Service.
- Ownership. All intellectual property rights in and to the Service are and will inure to ReachLocal and/or its various third party licensors and partners. Nothing herein will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ReachLocal trademark displayed on the ReachLocal service without ReachLocal's prior written consent. The appearance of any third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
- Usage Restrictions. Your use of the Service is limited solely to those rights granted in Section 5(a). You will not copy, prepare derivative works, decompile or reverse engineer the Service. You will not remove any trademark, copyright, or other proprietary rights notices which appears on the Service. In addition, you will not use the Service for any unlawful or fraudulent purpose including, but not limited to: (i) impersonating any person or entity, (ii) harvesting or collecting any personal information in violation of applicable law or (iii) promoting any product, service or business that is unethical, obscene or in violation of any applicable law or regulation. You acknowledge and agree that (A) all content submitted for the Service will be subject to the Service Partners' character limits, quality standards and other applicable content policies, and that any such content may be rejected, in whole or in part, by a Service Partner at any time in its sole discretion, or modified at any time to comply with such policies, (B) ReachLocal does not guarantee that any ReachListing or other content will be displayed on any Service Partner Site, and (C) the appearance and/or location of any ReachListing or other content placement may change at any time. REACHLOCAL WILL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE SERVICE PARTNER SITES, FOR ANY DECISION BY A SERVICE PARTNER TO REJECT OR MODIFY ANY CONTENT SUBMITTED BY YOU, OR FOR ANY OTHER DECISION, CHANGE OR OTHER ACTION DESCRIBED IN CLAUSES (A), (B) OR (C) OF THE PRECEDING SENTENCE.
- License to Your Content. You hereby grant to ReachLocal and its licensors in connection with the Service a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of ReachLocal or its licensors' business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content and other content that is provided by or on behalf of you in connection with your use of the Service. ReachLocal may sublicense this right to any Service Partners and other online partners. This license will survive any termination or expiration of this Agreement.
- Special Terms for Facebook ReachListing. In connection with the ReachListing placed on Facebook, you hereby agree to, and agree to comply with (and to ensure that all content that you provide to ReachLocal with respect to such Facebook ReachListing complies with) Facebook's then-current "Statement of Rights and Responsibilities" (currently located at http://www.facebook.com/legal/terms) and any other applicable terms and conditions and policies of Facebook (collectively, the "Facebook Terms"). Any actual or alleged failure of you, or of any of your content, to comply with the Facebook Terms will constitute a material breach of this Agreement, and ReachLocal will have the right to immediately suspend provision of the Facebook ReachListing until such failure is cured by you and/or, if directed by Facebook, to terminate the provision of the Facebook ReachListing to you. In addition to your indemnity obligations set forth in the Marketing Terms, you will defend, indemnify and hold harmless ReachLocal and its licensors from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney's fees and expenses) arising from or related to any asserted breach of the Facebook Terms by you and/or the content of any of your Facebook pages.