Social Media Marketing Product Terms

IMPORTANT: THESE PRODUCT TERMS PERTAINING TO SOCIAL MEDIA MARKETING (THESE “SOCIAL MEDIA MARKETING TERMS”) ARE REFERRED TO IN THE LOCALIQ ONLINE MARKETING SERVICES TERMS AND CONDITONS, (THE “MARKETING SERVICES TERMS”) AND HEREBY INCORPORATED THEREIN. PLEASE READ THESE SOCIAL MEDIA MARKETING TERMS CAREFULLY. Capitalized terms not defined herein shall have the meaning set forth in the Marketing Services Terms.

YOUR EXECUTION OF AN ORDER FORM FOR ONLINE MARKETING SERVICES WHICH INCLUDES SOCIAL MEDIA MARKETING CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE SOCIAL MEDIA MARKETING TERMS.

IN THE EVENT OF A CONFLICT BETWEEN THESE SOCIAL MEDIA MARKETING TERMS AND THE MARKETING SERVICES TERMS AND/OR ORDER FORM, THESE SOCIAL MEDIA MARKETING TERMS SHALL CONTROL.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE SOCIAL MEDIA MARKETING TERMS AT ANY TIME. WE SHALL PROVIDE NOTIFICATION OF CHANGES IN THESE SOCIAL MEDIA MARKETING TERMS BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE. ALL SUCH CHANGES SHALL BE BINDING UPON YOU ONCE POSTED, UNLESS SUCH CHANGES ARE MATERIAL IN WHICH CASE SUCH CHANGES SHALL NOT TAKE EFFECT UNTIL THE NEXT TIME YOU SIGN AN ORDER FORM.

Features.
1. Website Features. You will be able to choose from a range of designs for your website, which will include:
  - a standard website, with a mobile-optimized version
  - licensed graphic content, as needed
  - web presence management service (see description below)
  - native incorporation of LOCALiQ’s Tracking Services
  - website hosting
  - access to LOCALiQ’s website content management system, which allows you to upload content and make certain adjustments and revisions to your website
  - Up to 3 new or enhanced content pages for your Social Media Marketing website (or up to 5 new or enhanced content pages with SEO Pro)
  - Ongoing new content in the forms of blog posts, infographics and social media posts
  - Incorporation of social media and local elements into your website
  - Creation and/or optimization of local business and social media pages and profiles
  - Ongoing monitoring and notifications of new engagement (i.e. reviews) and in some cases publication and syndication of positive information intended to promote the business/brand.
2. Automated Lead Management Software. As part of Social Media Marketing, LOCALiQ will:
  - provide you with lead notifications via, at your option, email, SMS, or mobile alerts through the LOCALiQ Mobile App
  - send auto-response emails in response to initial emails from leads based on templates that we or you have created
  - send reminders to you about leads that might require attention
  - send emails to leads on your behalf, based on your settings
  - provide campaign reports
Web Presence Management Services.
1. Authorization. Purchaser of Social Media Marketing Services also receive web presence management services (the “Management Services”), as part of which you authorize LOCALiQ to (a) establish or assume control of relationships on your behalf with third-party web sites and services, such as search sites, social networks, and messaging services, such as Facebook, Twitter, and others (“Third-Party Sites”) and (b) submit and manage your content on or through Third-Party Sites. Such actions may include, for example, registering you or your business with such Third-Party Sites using information you provide to LOCALiQ, generating a proxy e-mail address that links to the e-mail address you provide to LOCALiQ upon registration and dynamically generating and storing passwords for such Third-Party Sites so that LOCALiQ may administer and update your presence and post and manage your content on such Third-Party Sites. In addition, LOCALiQ will be authorized to use the functionality of such Third-Party Sites on your behalf, in any manner LOCALiQ reasonably sees fit, for the purposes of performing the Services that you elect to receive. For instance, if your blog is linked to Twitter, LOCALiQ will be authorized to decide who your account will “follow.” Similarly, if you have, for instance, a Yelp listing, LOCALiQ will be authorized to access and manage that listing (so that LOCALiQ may validate and enhance the listing and monitor it) or if you do not have a Google+ and/or Google My Business listing, LOCALiQ will be authorized to create one for you. You agree to provide all such assistance and information necessary to enable LOCALiQ to do the foregoing and understand that your failure to do so will impact LOCALiQ’s ability to fully provide such Services.
2. Relationship with Third-Party Sites. In connection with the Management Services, you agree that by authorizing LOCALiQ to establish relationships on your behalf with Third-Party Sites, you will be bound by the terms and conditions applicable to such Third-Party Sites. Any activity that you engage in on such Third-Party Sites or that LOCALiQ engages in on your behalf, together with any information that you submit or that LOCALiQ submits on your behalf to such Third-Party Sites will be subject to the terms and conditions, including the privacy policies, governing such Third-Party Sites. It is your responsibility to read and comply with the terms and conditions of Third-Party Sites. You will also only link to accounts that are yours. LOCALiQ will not be responsible or liable to you for any actions taken by such Third-Party Sites, whether or not such actions are taken by them in accordance with their applicable terms and conditions.
3. Removal. Because of the interconnected nature of Third-Party Sites with other web sites and services, your content posted to Third-Party Sites may be difficult to remove. For example, your content that is removed from a Third-Party Site may persist on other web sites (including end-user web pages) or may be cached in search engine indexes. Accordingly, although LOCALiQ will use commercially reasonable efforts to remove your content from Third-Party Sites when requested by you, LOCALiQ cannot guarantee such removal.
Website Logistics
1. Set-Up. Immediately upon purchase of Social Media Marketing, we will begin designing your website based on the theme you select. We will also send you multiple communications regarding the creation and set-up of your website, including a link to your completed website for review, and we ask that you provide any feedback or revisions within the requested timeframes. However, if you are unable to review the materials or the completed website within the requested timeframes, we will launch your website so you can enjoy its benefits immediately, and any revisions can be made later after your review. New content such as blog posts, infographics and social media posts (“Custom Content”) will be prepared and published in accordance with our Content Guidelines and you hereby approve LOCALiQ to disseminate such content, unless otherwise directed by you in writing.
2. Registration Information. During the set-up process, you will provide LOCALiQ with various information required to create your website. You acknowledge and agree to provide true, accurate, current, and complete information about your business and agree to promptly update the information if any of it changes. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if LOCALiQ has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, LOCALiQ may suspend your website and/or LOCALiQ may terminate its obligations hereunder.
3. Domains. If requested, LOCALiQ will provide an internet domain name for your website, subject to availability. If your website uses a domain you provide, you will be solely responsible for maintaining your internet domain name, including all renewals and paying all applicable registration and maintenance fees. In addition, you represent and warrant that you own all rights to such domain name or, alternatively, that you have the right to use the domain name in connection with your website.
4. LOCALiQ Properties and Third-Party Directories. LOCALiQ may create and post online, in the LOCALiQ Properties or the directories of third parties, profile page(s) for you, which may include the following information: your name, phone number, email address, physical address, photos, videos, and information regarding your products or services and your business (the “Local Profile”). You acknowledge that because of the nature of the Internet, your Local Profile may remain on the LOCALiQ Properties or third-party sites even after LOCALiQ is no longer providing Marketing Services to you. Such Local Profiles may also utilize the Tracking Services.
5. LOCALiQ Attribution. LOCALiQ may include its name and/or logo, along with a hyperlink to a LOCALiQ website, on one or more of your website pages.
6. Email Templates. You understand and acknowledge that the Social Media Marketing email templates are provided as a convenience to you and that you must ensure that such templates are consistent with your business objectives and laws, rules or regulations that may govern your particular industry. In addition, you shall obtain no ownership interest to the templates and may not copy any of the templates or use them for any purpose other than through your use of Social Media Marketing. This restriction also applies to customized templates that we may prepare for you.
7. Availability of Your Website. LOCALiQ will use commercially reasonable efforts to make Your Social Media Marketing website available to the public; however, LOCALiQ reserves the right to take down such site in LOCALiQ’s reasonable discretion, including for example:
  - to maintain and upgrade LOCALiQ’s servers and networks;
  - if LOCALiQ believes that you or anyone using your account has violated these Social Media Marketing Terms or otherwise engaged in any activity that could result in harm or legal liability to LOCALiQ or to any third party; or
  - if you fail to pay LOCALiQ any applicable fees.
Fees.
1. Description of Fees. You agree to pay the following, in the amounts set forth on the Order Form:
  1. Cycle Payment refers to the per-cycle fee for Social Media Marketing. Each “Cycle” of Social Media Marketing consists of 30 days, unlike our Media Products whose Cycles may vary. Your initial Cycle will begin upon LOCALiQ’s acceptance of your Order Form and prior to your website going live.
  2. Other Fees refers to any other fees for additional services that you request, such as for providing additional content or an SSL certificate.
2. Timing of Payment. Prior to your initial set-up consultation, you will pay the Cycle Payment for the initial Cycle, and any Other Fees, if applicable. You shall also remit the Cycle Payment in advance of each subsequent monthly anniversary. You understand and acknowledge that all amounts owed must be paid in advance of each Cycle and that, in addition to being in breach of your contractual obligations, Social Media Marketing (including your blog pages) may become inaccessible if timely payment is not made.
3. Manner of Payment. Social Media Marketing Cycle Payments may only be paid by credit card.
Term/Termination. Your Social Media Marketing subscription will begin upon LOCALiQ’s acceptance of your Order Form and payment of your first Cycle Payment, and shall continue until cancelled in accordance with the Marketing Service Terms. Social Media Marketing subscriptions are for a minimum term of 6 Cycles and automatically renew for additional 6-Cycle terms unless cancelled in accordance with the Marketing Service Terms.
LOCALiQ Acceptable Use Policy. In order to foster a positive and safe community experience, your use of Social Media Marketing must comply with the LOCALiQ Acceptable Use Policy. Failure to do so may result in the suspension of your account and/or Social Media Marketing and, in some cases, termination.
Privacy Matters.
1. Privacy Policy. Each Social Media Marketing website must have a privacy policy that complies with applicable legal requirements. You may provide your own privacy policy or we will provide a template privacy policy based on information that you provide to us. The privacy policy template provided by us will accurately explain the privacy implications of your LOCALiQ Marketing Services and assumes, among other things:
  - you will not trade, rent or sell users’ personal information;
  - you will not share users’ personal information with third-parties for marketing and promotional purposes;
  - you will allow users to opt-out of receiving marketing and promotional communications from you by email, phone and/or automated unsubscribe technology;
  - upon request, you will provide users information regarding what data you have about them, change/correct data about them, and/or delete data about them;
  - you will not knowingly collect or use any personal information from children under the age of 13; and
  - you will take reasonable physical, electronic and procedural safeguards to protect users’ personal information.
  - In addition, the privacy policy must disclose all of the privacy implications of your site (including your use of data collected from the site). Accordingly, if you elect to use the LOCALiQ template you must carefully review the standard privacy policy LOCALiQ provides you and confirm it is accurate and adequate for your specific intentions and uses. In particular, but without limitation, the standard privacy policy does not include an exhaustive list of elements that may be required by law or by service provider guidelines (by way of example only, the standard privacy policy does not contain elements that may be required regarding certain health care or financial information). The privacy policy template should NOT be construed as legal advice or used as a substitute for seeking professional legal advice. The drafters and providers of the template are not responsible for the use of the template or any information or absence of information in the template. Accordingly, you acknowledge and agree that you are solely responsible for ensuring that your privacy policy is adequate for your unique needs and that failure to do so may expose you and LOCALiQ to liability which you shall fully indemnify.
2. Access to Information. You understand and acknowledge that LOCALiQ may, for purposes of quality assurance and campaign assessment, access the information that you store in, and messages that you send through, Social Media Marketing. It is your obligation to advise LOCALiQ if you want such access to be limited and to determine whether your use of Social Media Marketing is in compliance with any privacy practices to which your business may be subject (such as the Health Insurance Portability and Accountability Act and other similar laws).
3. Disclosure of Information. In addition, you understand and acknowledge that we may disclose such of your information, including your contact and account information, to courts, law enforcement authorities and/or other relevant third parties, when such disclosure is necessary or advisable, at our sole discretion, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, bring legal action or pursue other relief when you or a third party are or may be: (i) violating our terms and conditions of use; (ii) causing injury or other harm to, or otherwise violating our property or other legal rights, or those of other users or third parties; or (iii) violating federal, state, local, or other applicable law.
Legal Requirements. You acknowledge and agree that you are solely responsible for providing any disclaimers, notices or other content that you may be required to include on your website due to legal, licensing or other requirements specific to your profession, business, location or any other requirements. Similarly, if you are prohibited from making certain statements on your website due to legal, licensing or other requirements, it is your sole responsibility to inform LOCALiQ of such limitations and confirm your website is compliance in connection with each required approval. For example, if you are a lawyer and your provincial bar rules require you to include certain disclaimers on advertising materials, it is your responsibility to provide such disclaimers.
Social Media Marketing Platform. Upon execution of an Order Form and for so long as an Order Form is in effect that includes Social Media Marketing and your account is in good standing, you will be granted a revocable, non-transferable, non-sublicensable, non-exclusive, limited license to access the Social Media Marketing Platform. The Social Media Marketing Platform includes a content management system that allows you to upload content and make limited adjustments and revisions to your website. In addition, the Social Media Marketing Platform allows you to manage Social Media Marketing’s lead management software and access online reporting. Without limiting any other disclaimers contained in the Agreement, LOCALiQ will in no way be responsible for any errors, defects or downtime caused by your use of the Social Media Marketing Platform. Your access shall be password protected and you agree that you may not share your password with third parties or otherwise provide access to the Social Media Marketing Platform to third parties. If the security of your username(s) or password(s) is compromised in any way, or if you or one of your agents suspects that it may be, you shall immediately contact LOCALiQ. LOCALiQ is not responsible for any loss or damage suffered by the compromise of any password. You acknowledge and agree that you do not have, nor will you claim any right, title or interest in the Social Media Marketing Platform, software, data, applications, methods of doing business or any elements thereof, or any content provided therein (including any templates provided). You may only access the Social Media Marketing Platform via a Web browser, a mobile application or in a manner otherwise approved by LOCALiQ. You will not attempt in any way to reverse engineer, alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Social Media Marketing Platform. LOCALiQ may terminate the foregoing license, at any time and for any reason.
LOCALiQ Materials.
1. Ownership. Other than any Client Content (as described below), (i) all material and services comprising Social Media Marketing, including, but not limited to, the design of and “look and feel,” layout, email templates, photographs, graphics, images, text, audio, video, messages, interactive and instant messaging, design and functions, software, software documentation, files, documents, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “LOCALiQ Materials”), and (ii) all of LOCALiQ’s trademarks, logos, and brand elements (“LOCALiQ Marks”), are owned by LOCALiQ or other parties that have licensed their material or provided services to LOCALiQ, and are protected by copyright, trademark, trade secret and other intellectual property laws. You will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in any LOCALiQ Materials or LOCALiQ Marks.
2. License. Subject to this Agreement, LOCALiQ hereby grants you a limited, revocable, non-transferable and non-exclusive license to Social Media Marketing (which includes the blog pages). This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the LOCALiQ Materials, or otherwise distribute in any way the LOCALiQ Materials other than as specifically permitted in these Product Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the LOCALiQ Materials, create derivative works based on or in any manner commercially exploit the LOCALiQ Materials, in whole or in part, other than as expressly permitted in these Product Terms. Upon the cancellation of your Social Media Marketing service, LOCALiQ shall immediately make Social Media Marketing (including your blog pages) inaccessible (subject to the transition assistance described below) and you will no longer have any rights to Social Media Marketing and the LOCALiQ Materials, except that you will have a perpetual nonexclusive license to use and publicly display the Custom Content in conjunction with advertising and promotional projects, entertainment applications, or prints, posters or other promotional purposes, but not for resale, license or other distribution. LOCALiQ reserves all rights not expressly granted in this Agreement.
3. Infringing Content. LOCALiQ will promptly notify you if the use of any LOCALiQ Materials infringes or could infringe the intellectual property rights of any third party. In such event, LOCALiQ will remove such LOCALiQ Materials from your website and will use commercially reasonable efforts to provide replacement content. You agree not to use any such LOCALiQ Materials after notice of such infringement or potential infringement.
Your Content and Data.
1. Content. As between you and LOCALiQ, you own all of the content, including any text, images, logos, trademarks, service marks, promotional materials, product or service information, comments, reviews, photos, audio and video clips and other information, that you provide to LOCALiQ for inclusion in your website or that you directly (or indirectly via website visitors) add, post or share via Social Media Marketing or your website (referred to as “Client Content”). You hereby grant LOCALiQ and its affiliates a perpetual, irrevocable, license to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your Client Content in connection with your LOCALiQ website. LOCALiQ may use your Client Content to the extent it is (or has been) accessible on your website to advertise and promote Social Media Marketing and may list and otherwise refer to you and your business as users of the Social Media Marketing service. LOCALiQ’s license to your Client Content is non-exclusive, meaning you may use your Client Content for your own purposes or let others use your Client Content for their purposes. LOCALiQ’s license to your Client Content is fully-paid and royalty free, meaning LOCALiQ does not owe you or any third party anything else in connection with LOCALiQ’s use of the Client Content. LOCALiQ may exercise its rights anywhere in the world.
2. Representations. You are legally responsible for your Client Content and LOCALiQ is in no way responsible for it. You represent and warrant that:
  - you own all rights to Client Content or, alternatively, you have the unrestricted right to give LOCALiQ the rights described above, including the right to display the Client Content on your website;
  - you have paid and will pay in full any fees or other payments that may be related to the use of the Client Content; and
  - the Client Content does not infringe the intellectual property rights, privacy rights, publicity rights, moral rights or other legal rights of any third party.
3. Data. LOCALiQ claims no ownership interest in the data that you store within the Social Media Marketing Platform (such as the contact information of your customers, the content of the emails that you receive, etc.) (your “Customer Data”) and may only use the Customer Data as provided in these Social Media Marketing Terms. The Social Media Marketing Platform permits you to download the Customer Data. Notwithstanding the foregoing, upon termination, as set forth below, LOCALiQ is under no obligation to retain or provide you with further access to the Customer Data.
4. Other. LOCALiQ may, but has no obligation to, monitor the Client Content or Customer Data on your website or stored in Social Media Marketing. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect LOCALiQ or its customers, or operate the Marketing Services properly. LOCALiQ, in its sole discretion, may refuse to post, remove, or require you to remove, any Client Content or Customer Data, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. LOCALiQ may, in its discretion, also require you to place all or any portion of the Client Content behind password protection. If LOCALiQ has requested Client Content be placed or has placed Client Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If LOCALiQ requests that you place any Client Content behind password protection and you fail to do so promptly, LOCALiQ may place such Client Content behind password protection itself, or immediately terminate this Agreement.
Copyright and Intellectual Property. We respect the intellectual property rights of others. We administer your website in compliance with the Digital Millennium Copyright Act and may remove Client Content or other applicable content available on the blog pages including content that has been disseminated on your behalf, upon proper notice that such content violates copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you, whether you are a client or not, believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:
1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the blog pages;
3. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. your physical or electronic signature.
7. Please send all of the above information to our Agent for Notice by e-mail at copyright@reachlocal.com or by mail at Agent for Notice c/o LOCALiQ, 21700 Oxnard Street, Suite 1600, Woodland Hills, CA, USA 91367. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.
LOCALiQ Provided Content. From time to time, we may make available to you content including but not limited to photographs and illustrations (“LOCALiQ Provided Content”). We grant you a nonexclusive license during your subscription term to use, publicly display, and, to the extent necessary, edit, resize and reformat the LOCALiQ Provided Content, to select, edit and use LOCALiQ Provided Content in conjunction with the Social Media Marketing Services and the following manner:
- advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license);
- entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
- prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes, but not for resale, license or other distribution; and
- in connection with any use subject to the terms of Section 3 of these Social Media Marketing Terms.
- We will promptly notify you if the use of any LOCALiQ Provided Content infringes or could infringe our intellectual property rights or those of any third party. You agree to remove promptly and refrain from any future use any such LOCALiQ Provided Content from any user that we identify as infringing or potentially infringing
Your Interactions with Others. We are not responsible or liable for any damage or loss related to your interactions with end-users, end-users’ interactions with you or interactions between end-users that may occur on your website or in connection with your presence on any Third-Party Site. We are not a party to any transaction between you and any third-party and LOCALiQ has no obligation to monitor or enforce any such transactions. You are responsible for complying with all applicable laws, rules, and regulations. For example, you are responsible for complying with all applicable laws, rules, and regulations that may apply to your communications with end-users and other people such as the CAN-SPAM Act of 2003. You are responsible for complying with all applicable privacy laws, rules, and regulations with respect to any information you obtain from others whether directly in the operation of your business, your websites, or through the Social Media Marketing services. You are also responsible for complying with all laws, rules, and regulations that may be applicable to any sweepstakes, contests, or promotions that you make available or publicize through your website or the Social Media Marketing services.
Transition Assistance. Unless your Social Media Marketing service is terminated because of your breach of this Agreement, upon termination of your Social Media Marketing service and for a period of 30 days thereafter (the “Transition Period”), LOCALiQ will use commercially reasonable efforts to provide you transition assistance, including:
- transferring ownership of any domain that LOCALiQ may have obtained on your behalf;
- working with you to enable you to have continued access to your presence on third-party sites (for example, by providing you with instructions on how to transfer the accounts; provided, LOCALiQ will not provide or transfer to you any LOCALiQ-hosted e-mail addresses or passwords);
- providing a disk or other method to transfer you the Custom Content, subject to the license in Section 10(b); and
- providing such other assistance as LOCALiQ may choose to provide in LOCALiQ’s sole discretion.
- After the Transition Period, LOCALiQ will have no further obligation to provide you assistance and LOCALiQ shall have the right, but not the obligation, to delete all of your Client Content. You acknowledge and agree, however, that LOCALiQ is under no obligation to remove any content that has been disseminated to third-party sites.
Communications. In purchasing Social Media Marketing, you agree to receive communications from time to time from LOCALiQ via email or text message. You may stop receiving these alerts by modifying your notification settings from within your account in the Client Center Platform. You acknowledge and agree that we may send a response email or text message solely to confirm your change in settings.
Comments and Feedback. Any questions, comments, suggestions, ideas, feedback, or other information provided by you to LOCALiQ are not confidential and you hereby grant LOCALiQ a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such information as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
Links. The Social Media Marketing services may contain links to other websites, or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
Indemnification. In addition to the indemnification obligations set forth in the Marketing Services Terms, you agree to indemnify, defend, and hold harmless LOCALiQ and its third-party affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and expenses), arising from or relating to: (i) any Client Content; (ii) the Custom Content (except relating to copyright infringement), provided that it has been approved by you; and (iii) violation of the terms and conditions of any third-party site by you or anyone using your account.
Changes to the Social Media Marketing Services. We often enhance and update the Social Media Marketing Services. We may change or discontinue the Social Media Marketing Services at any time, for any reason, with or without notice to you. We also reserve the right, in the future, to charge for Social Media Marketing Services that are currently offered at no charge or to adjust the charges for Social Media Marketing Services that are currently offered for a fee.
Disclaimers. You acknowledge and agree that:
- Not all messages or campaigns sent through use of Social Media Marketing will be received by or will be capable of being viewed by their intended recipients.
- To the extent permitted by applicable law, LOCALiQ may make and preserve copies of any and all messages as necessary to provide Social Media Marketing and for internal back-up and other legal or regulatory purposes.
- You understand that delivery of messages via Social Media Marketing may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You further understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
- You agree that LOCALiQ may establish general practices and limits concerning use of Social Media Marketing, including without limitation the maximum number of messages or social campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may transmitted via Social Media Marketing.
- LOCALiQ reserves the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or social campaigns from entering, utilizing or remaining within our network. Nothing in this policy is intended to grant any right to transmit or send messages or social campaigns to, or through, our network except as may be otherwise stated in the Marketing Services Terms.
- LOCALiQ cannot and does not guarantee specific placement for any specific keywords or key phrases, nor the effect of the Social Media Marketing services on search engine placement generally.

IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE MARKETING SERVICES TERMS, LOCALIQ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO ADVERTISER BY OR ON BEHALF OF LOCALIQ (INCLUDING ANY REPORTING, ANALYTICS AND SIMILAR INFORMATION) OR ANY CONTENT AVAILABLE ON OR THROUGH THE SOCIAL MEDIA MARKETING SERVICE (INCLUDING ANY CONTENT SUBMITTED BY AN END-USER).

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOCIAL MEDIA MARKETING SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.

Last updated on June 22nd, 2020