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Local.com Terms Of Service

Last Updated: July 2007

1. THIS IS AN AGREEMENT BETWEEN YOU AND LOCAL.COM

1.1 Thank you for choosing to advertise with Local.com. These Local.com Sponsored Listings Terms of Service ("Terms of Service") are an agreement between you or any business entity you are representing (in either case, "you" or "your") and Local.com Corporation or, if applicable, one of Local.com Corporation’s affiliates (in either case, "Local.com"). These Terms of Service govern your access to and use of the Service (as defined below). The Service is offered to you conditioned upon your acceptance without modification of these Terms of Service. Your use of the Service constitutes your acceptance of these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT PURCHASE, USE OR ACCESS THE SERVICE. Any person or entity acting on your behalf shall also be bound by the Terms of Service and you agree to be responsible for such person's or entity's actions.

1.2 BY CLICKING THE "PLACE ORDER" BUTTON (OR ANY SIMILAR BUTTON), YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU HAVE PROVIDED TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE SERVICE REGISTRATION FORM, THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO AND PERFORM UNDER THE TERMS OF SERVICE AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS AND ORDERS.

2. MODIFYING THIS AGREEMENT

Local.com reserves the right, in its sole discretion, to update, change, add or remove all or part of these Terms of Service from time to time with or without notice to you. Any such modifications shall be deemed effective immediately upon posting of the modified Terms of Service. You are responsible for regularly reviewing these Terms of Service and any modifications to the Terms of Service that are posted. You can find the most recent version of the Terms of Service at www.adcenter.local.com/opencms/opencms/sites/pfp/help/en/tandc.html. Your continued use of the Service (as defined in Section 3.1 below) following Local.com's notice or posting of changed Terms of Service will constitute your acceptance of such changes. You are responsible for checking regularly for changes to the Terms of Service and for ensuring that any contact, billing or payment information you provide to Local.com is updated and correct.

3. LOCAL.COM SPONSORED LISTINGS SERVICE

3.1 Local.com distributes Sponsored Listings of local advertisers (the "Service") on either a subscription or cost-per-click basis. Business owners who sign up for the Service may use Local.com’s Ad Center (the “Ad Center”) to provision their Sponsored Listings and submit the information requested by Local.com, including a URL for the web site for the business (the “Web Site”), a business description, and other information that is valuable to end-users (a "Sponsored Listing") for consideration for placement in a searchable Local.com database.

3.2 You acknowledge and agree that your Sponsored Listing(s) may be displayed by Local.com on the web site located at www.local.com (or any successor web site) (the “Local.com Network”) and/or various Local.com authorized third party (collectively, the “Local.com Distribution Network Entities”) web sites (collectively, the "Local.com Distribution Network"). Local.com does not guarantee the performance of any Sponsored Listings.

3.3 You acknowledge and agree that Local.com has the right, at any time and for any reason, to redesign or modify the organization, structure, specifications, "look and feel," navigation, guidelines, features and other elements of the Service and any section of the Local.com Network or the Local.com Distribution Network, including any pages on which your Sponsored Listing may be displayed or delivered or to or from which your Sponsored Listing may be linked.

4. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To participate in the Service, you may be provided with a Local.com ID or user name. You are responsible for maintaining the confidentiality of your user name and/or Local.com ID, password and other Service account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Local.com of any unauthorized use of your user name or Local.com ID, password or other account information or any other breach of security and (b) ensure that you exit from your account at the end of each session. Local.com will not be liable for any loss or damage arising from your failure to comply with this Section. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Service under your user name and password.

5. YOUR SPONSORED LISTING

5.1 Your Sponsored Listings must comply with the Guidelines set forth at
adcenter.local.com/opencms/opencms/system/modules/com.platefood.pfp/resources/email/attachmentGallery/
product_guidelines.pdf which are hereby incorporated into these Terms of Service. Local.com will have the right, but not the obligation, to review the contents of your Sponsored Listing.

5.2 You are responsible for keeping backups of all Sponsored Listings, and Local.com is not responsible for the loss of any Sponsored Listings for any reason.

5.3 All Sponsored Listings submitted to the Service must meet the following minimum criteria:

  (a) The Sponsored Listing must be for a business based in the United States.
  (b) You must provide the street address of the business to Local.com when submitting the Sponsored Listing, although you may choose to hide the street address in the Sponsored Listing itself.
  (c) You must provide Local.com with the business name, business address, phone number, service area, and any other information required by Local.com.
  (d) Your Sponsored Listing and your Web Site must not contain any content, products, services, or other information that in Local.com's reasonable determination may be illegal to sell under any applicable law, statute, ordinance, or regulation or infringe or violate anyone's rights, or that Local.com believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of the Service.
  (e) When submitting your Sponsored Listing, you may not: (i) provide inappropriate or inaccurate information; (ii) submit multiple listings for the same business; (iii) submit your Sponsored Listing more than once under different Local.com IDs, aliases or accounts; or (iv) engage in any other fraudulent activity or purpose.

6. PROVISIONS APPLICABLE TO ADVERTISERS ONLY

Any advertiser who wishes to place advertising on our Service will be asked to provide certain information such as the advertiser’s business name, phone number, physical address, e-mail address, service area, website URL, description of the advertiser’s business, a contact name, advertising category and/or keyword, and credit card information. Some of this information is personally identifiable. This information will be used by Local.com to create an account for the advertiser, improve the Service, communicate changes to the Service, conduct research, provide anonymous reporting for internal purposes and for reporting to third-parties, and market Local.com products and services to advertisers. Some of the information will also be displayed within the advertiser’s ad copy on the Service. We will not disclose any personally identifiable information to third parties without your prior consent. Advertisers may edit their account information by contacting Local.com’s Client Services Department at clientservices@local.com.

7. QUESTIONS

Questions regarding this Privacy Policy should be directed by e-mail to Local.com at privacy@local.com or, by U.S. mail, to One Technology Drive, Building G, Irvine, CA 92618, Attn: Legal Department.

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