Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Maxwell Chapin, the developer and operator of The Local (“The Local,” “we,” “us,” or “our”), governing your access to and use of The Local mobile application (the “App”). By creating an account or otherwise using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

You must be at least 18 years old to create an account or use the App. By using the App, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that you are not prohibited from using the App under the laws of your jurisdiction. You may maintain only one account and must provide accurate, current information about yourself.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at contact@thelocaldating.com if you suspect unauthorized use of your account.

The Local helps users discover and connect with people they’ve crossed paths with in real life, and offers features such as a discovery/matching flow, QR code venue check-ins, and push notifications when your check-in history overlaps with another user’s at the same venue. We may add, change, suspend, or discontinue any feature of the App at any time, with or without notice.

We do not guarantee that you will be matched with anyone, that any match will result in a conversation, meeting, or relationship, or that any particular feature (including venue check-ins or overlap notifications) will function without interruption or error.

You agree to use the App only for its intended purpose and in compliance with all applicable laws. You agree to provide accurate information in your profile and to treat other users with respect.

You agree not to, and not to assist others to:

• Harass, threaten, stalk, abuse, intimidate, or demean any other user;
• Create a fake profile, impersonate any person or entity, or misrepresent your identity, age, or affiliation with any person or organization;
• Maintain more than one account, or create a new account after being suspended or terminated, without our permission;
• Use the App for any commercial solicitation, advertising, or spam, including soliciting money or financial information from other users;
• Post or share content that is unlawful, obscene, defamatory, hateful, or that infringes another person’s intellectual property or privacy rights, including sharing another person’s photos or personal information without their consent;
• Use any bot, scraper, crawler, or other automated means to access the App or extract data from it;
• Attempt to circumvent, disable, or interfere with any safety, security, or moderation feature of the App, including the venue check-in or location features;
• Use location or venue check-in information to track, stalk, or locate another user without their consent; or
• Use the App if you are required to register as a sex offender in any jurisdiction, or have been convicted of a felony, a sexual offense, or a crime involving violence.

We reserve the right to investigate and take appropriate action against anyone who violates this section, including removing content and suspending or terminating accounts.

You retain ownership of the photos, profile information, and other content you submit to the App (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, and distribute that content as necessary to operate and provide the App, including showing your profile to other users. You represent that you own or have the necessary rights to the User Content you submit and that it does not violate these Terms or any third party’s rights.

We respect the intellectual property rights of others and expect users to do the same. If you believe that content available on the App infringes a copyright you own or control, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to our designated copyright agent.

Your notice must include:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the material you claim is infringing and information reasonably sufficient to let us locate it (for example, a link to the profile or piece of content);
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Send notices to our designated agent:

Maxwell Chapin
The Local
contact@thelocaldating.com (subject line: “DMCA Notice”)

Upon receipt of a valid notice, we will remove or disable access to the material we determine to be infringing and will make reasonable efforts to notify the user who posted it. If you believe your content was removed in error, you may submit a counter-notification to the same address containing your identification and contact information, identification of the removed material and its former location, a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake, and a statement consenting to the jurisdiction of the federal court in your district (or Massachusetts, if you are outside the United States) and to accept service of process from the person who submitted the original notice. Unless the original complainant files a lawsuit within a reasonable time after we receive a valid counter-notification, we may restore the material.

We may suspend or terminate, in appropriate circumstances, the accounts of users who are subject to repeated valid infringement notices.

The Local does not conduct criminal background checks on users or verify the identity, age, or intentions of any user beyond the information they provide. You are solely responsible for your interactions with other users, both within the App and in person. If you decide to meet another user in person, including at a venue surfaced through a check-in overlap, we strongly encourage you to take reasonable precautions, such as meeting in a public place, telling a friend or family member where you are going, and arranging your own transportation.

You agree that The Local is not responsible for the conduct of any user, whether online or in person, and you release us from any claims, damages, or liabilities arising from your interactions with other users.

You may delete your account at any time within the App. We may suspend or terminate your account or access to the App, with or without notice, if we believe you have violated these Terms, posed a risk to other users, or for any other reason at our discretion. Upon termination, your right to use the App immediately ceases.

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE APP, INCLUDING ANY MATCH, PROFILE, OR VENUE CHECK-IN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXWELL CHAPIN AND THE LOCAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless Maxwell Chapin and The Local from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of a third party.

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the App will be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of those courts.

We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, notify you through the App or by email. Your continued use of the App after a change takes effect constitutes your acceptance of the revised Terms.

If you have questions about these Terms, contact:

Maxwell Chapin
The Local
contact@thelocaldating.com