Last Updated on September 19th 2018. These terms and conditions are effective immediately for those registering accounts after that date and will become effective December 27, 2012 for those with pre-existing accounts.
These terms and conditions (the "Terms") govern your access to and use of Only In Boston's web and mobile applications that link to or reference these Terms ("application"). By accessing or using the application, you are agreeing to these Terms and concluding a legally binding contract with Only In Boston, LLC a Massachusetts corporation headquartered in Boston, Massachusetts ("Only In Boston"). Do not access or use the application if you are unwilling or unable to be bound by the Terms.
1. Parties : "You" and "your" refer to you, as a user of the Application. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Application. "We," "us," and "our" refer to Only in Boston.
2. Content : means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your content" means Content that you submit or transmit to or in connection with the Application, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Application. "Only In Boston Content" means Content that we create and make available in connection with the Application. "Third Party Content" means Content that originates from parties other than Only In Boston or its users, which is made available in connection with the Application. "Application Content" means all of the Content that is made available in connection with the Application, including Your content, User Content, Third Party Content, and Only In Boston Content.
You understand and agree that your access to or use of the Application is governed by the Terms effective at the time of your access to or use of the Application. If we make material changes to these Terms, we will notify you by email or by posting a notice on the application prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Application after the effective date of modifications to the Terms indicates your acceptance of the modifications.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Only In Boston, and any inconsistencies among the different versions will be resolved in favor of the English version.
To access or use the Application, you must be 18 years or older and have the required application power and authority to enter into these Terms. You may not access or use the Application if you are a competitor of ours or if we have previously banned you from the Application or closed your account.
2. Permission to Use the Application
We grant you permission to use the Application subject to the restrictions in these Terms. Your use of the Application is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
3. Application Availability
The Application may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
4. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Application. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Application. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other Applications, or allow other Applications to share information about you with Only In Boston.
5. Communications from Only In Boston and other Users
By creating an account, you agree to receive certain communications in connection with the Application. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood.
1. Responsibility for Your content
You alone are responsible for Your content, and once published, it cannot always be withdrawn. You assume all risks associated with Your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your content as described herein. You may not imply that Your content is in any way sponsored or endorsed by Only In Boston.
You may expose yourself to liability if, for example, Your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
2. Our Right to Use Your content
We may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own web Applications and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use your content for any purpose. Please note that you also irrevocably grant the users of the Application and any Other Media the right to access Your content in connection with their use of the Application and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Only In Boston and its users any claims and assertions of moral rights or attribution with respect to Your content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your content.
As between you and Only In Boston, you own Your content. We own the Only In Boston Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Application Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Application excluding Your content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Only In Boston Content and the Application, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Only In Boston Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Application and the Only In Boston Content are retained by us.
Only In Boston and its licensees may publicly display advertisements and other information adjacent to or included with Your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
5. Content Feeds
We make some of the Application Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, webApplication, or blog ("Your Application"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Only In Boston's webApplications, and attributes Only In Boston as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Only In Boston promotes or endorses any third party causes, ideas, webApplications, products or services, including Your Application, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Only In Boston's systems. Only In Boston reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content (including any that may have been created by users employed or contracted by Only In Boston) does not necessarily reflect the opinion of Only In Boston. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Application to:
1. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
2. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
3. Promote a business or other commercial venture or event, or otherwise use the Application for commercial purposes, except in connection with a Business Account and as expressly permitted by Only In Boston;
4. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Application's search results or any third party webApplication;Solicit personal information from minors, or submit or transmit pornography; or
5. Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
1. Violate the Terms
2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Application or Application Content (other than Your content), except as expressly authorized by Only In Boston
3. Use any robot, spider, Application search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Application or any Application Content
4. Reverse engineer any portion of the Application
5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Application or on any materials printed or copied from the Application
6. Record, process, or mine information about other users
7. Access, retrieve or index any portion of the Application for purposes of constructing or populating a searchable database of business reviews
8. Reformat or frame any portion of the Application
9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Only In Boston's technology infrastructure or otherwise make excessive traffic demands of the Application
10. Attempt to gain unauthorized access to the Application, user accounts, computer systems or networks connected to the Application through hacking, password mining or any other means
11. Use the Application or any Application Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses")
12. Use any device, software or routine that interferes with the proper working of the Application, or otherwise attempt to interfere with the proper working of the Application
13. Use the Application to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Application or Application Content
14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Application, features that prevent or restrict the use or copying of Application Content, or features that enforce limitations on the use of the Application.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
If you purchase a Only In Boston Deal or Promotion, the terms of your purchase will be governed by the Only In Boston General Terms for Deals and Certificates. In the event of any conflict between the Only In Boston General Terms for Deals and Certificates and these Terms, the Only In Boston General Terms for Deals and Certificates will prevail.
Similarly, if you create a business owner's account on the Application or purchase advertising from Only In Boston, the Only In Boston Advertising Agreement will apply. In the event of any conflict between the Only In Boston Advertising Agreement and these Terms, the Only In Boston Advertising Agreement will prevail.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Only In Boston and its users any claims and assertions of any moral rights contained in such Feedback.
The Application may include links to other applications (each, a "Third Party Application"). We do not control or endorse any Third Party Application. You agree that we are not responsible for the availability or contents of such Third Party Applications. Your use of Third Party Applications is at your own risk.
Some of the services made available through the Application may be subject to additional third party or open source licensing terms and disclosures..
You agree to indemnify, defend, and hold Only In Boston, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Only In Boston Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Application, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Application, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Only In Boston reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Only In Boston. Only In Boston will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ONLY IN BOSTON ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE APPLICATION. BY ACCESSING OR USING THE APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE APPLICATION IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE ONLY IN BOSTON ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK. THE ONLY IN BOSTON ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APPLICATION, ITS SAFETY OR SECURITY, OR THE APPLICATION CONTENT. ACCORDINGLY, THE ONLY IN BOSTON ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APPLICATION'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE APPLICATION.
THE ONLY IN BOSTON ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE APPLICATION OR THE APPLICATION'S USERS. ACCORDINGLY, THE ONLY IN BOSTON ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE APPLICATION. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK.
THE ONLY IN BOSTON ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE APPLICATION, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE ONLY IN BOSTON ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APPLICATION, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APPLICATION.
THE ONLY IN BOSTON ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE APPLICATION OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE ONLY IN BOSTON ENTITIES IN CONNECTION WITH THE APPLICATION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE ONLY IN BOSTON ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
CHOICE OF LAW AND VENUE
Massachusetts law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Only In Boston (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SUFFOLK COUNTY, MASSACHUSETTS.
1. You may terminate the Terms at any time by closing your account, discontinuing your use of the Application, and providing Only In Boston with a notice of termination.
2. We may close your account, suspend your ability to use certain portions of the Application, and/or ban you altogether from the Application for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Application, Your content, Application Content, or any other related information.
3. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your content as detailed in Section 5.
1. We reserve the right to modify, update, or discontinue the Application at our sole discretion, at any time, for any or no reason, and without notice or liability.
2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Application.
3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
4. The Terms contain the entire agreement between you and us regarding the use of the Application, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
5. Any failure on Only In Boston's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Only In Boston's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
8. The section titles in the Terms are for convenience only and have no legal or contractual effect.