Digital Lobby Media, LLC dba GoLocal (DLM) and the business entity identified below as “Partner” (collectively, the “Parties”) to this GoLocal Agreement (“Agreement”), covenant and agree as follows:
1. DLM’s Responsibilities
DLM will provide the following services (the “Services”) to Partner:
Platform Access: DLM will provide Partner will login credentials that will allow Partner to access the DLM dashboard.
Dashboard functionality: The DLM Dashboard will allow Partner to post content to a Lobby Page dedicated to the Partner. The dashboard will enable Partner to edit their Lobby Page, including posting offers, announcements and events.
GoLocal Presence: Partner will receive a listing within the GoLocal webpage via an icon within the “Places” section of GoLocal. When User clicks the listing icon, Partner’s Lobby Page with posted content will appear to User. The DLM platform will render Partners’ posted Dashboard offers and events on the GoLocal page accessible online and at the bottom of the Lobby Page of local businesses (providing they have a DLM powered WiFi network installed).
Support: DLM will respond to questions about the DLM dashboard and the GoLocal webpage and will troubleshoot problems.
Termination: DLM will terminate and delete all content at the end of this
2. Partner’s Responsibilities
Partner will have the following responsibilities to DLM
Dashboard content: Partner will post appropriate content to the Partner’s Lobby Page. All content will comply with community standards for decency as described in Content Standards below and all other standards, laws and regulations in the community where the GoLocal service is provided.
Prohibited Classes of Content
Partner will not publish Offers, Announcements or Events (collectively, “Content”) to Users that:
1.1. is indecent, profane or obscene under the community standards where the Site is located;
1.2. is reasonably likely to offend or alienate visitors to the Site;
1.3. contains profanity or pornography;
1.4. advocates or promotes:
1.4.2. illegal activities, products or substances;
1.4.3. hazardous or dangerous activities;
1.4.4. riot, civil disobedience, civil unrest or protest;
1.4.5. labor strikes or unrest; or
1.4.6. firearms or ammunition;
1.5. advocates for, promotes or opposes any:
1.5.1. political party;
1.5.2. political issue;
1.5.3. position with respect to any election or referendum;
1.5.4. candidate or group of candidates for any governmental office;
1.5.5. holder of any public office;
1.5.6. position or point of view on any matter of significant public debate, including political, governmental and social issues or opinions; or
1.5.7. religion or spiritual faith;
1.6. Content that is insulting, degrading, offensive, or so objectionable under contemporary community standards as to foreseeably cause mental anguish or distress to customers at the Site or disruption of activities or business operations at the Site;
1.7. Content that infringes or may reasonably infringe any trademark, service mark, copyright, patent or other intellectual property right of any person or entity.
2. Partner’s’s Obligation to Act
Partner will regularly, but no less than weekly, monitor all information published on the DLM GoLocal site by or on behalf of Partner to ensure that the content does not violate the provision of the Agreement, including this Addendum. Partner will immediately remove all content that may reasonably be construed to violate this Addendum.
Disclaimer of Warranties: DLM is providing the Services on an “as is” “where is” basis. The Parties agree that DLM has fully disclaimed all warranties of merchantability, fitness for a particular purpose and all other warranties, guarantees and promises of every kind related to the Services. Partner irrevocably waives and abandons all claims, demands and causes of action of every kind against DLM related to the operation, maintenance, performance or any other aspect of Partner’s Lobby Page, the GoLocal webpage, the DLM dashboard, and the Services.
Monitoring: Partner agrees to regularly, and no less than weekly, monitor Partner’s GoLocal listing and to promptly inform DLM if Partner finds a breach of this Agreement.
Limitation of Liability: DLM’s liability for breach of this Agreement is limited to refunding up to six (6) months of payments made by or on behalf of Partner under this Agreement. The Parties agree that this is a reasonable and appropriate limitation.
Dispute Resolution: The Parties agree that all disputes arising from or related to the formation, performance, breach or enforcement of this agreement and all activities related to DLM’s provision of Services will be resolved solely and exclusively by arbitration before the American Arbitration Association (“AAA”) or JAMS (f/k/a Judicial Arbitration and Mediation Services) in either the AAA facility closest to the location where the relevant GoLocal Services are provided or Chicago, IL.
Infringement: Partner is solely responsible for the content of all material published by or on behalf of Partner on DLM’s GoLocal site. Partner agrees to defend, indemnify and hold DLM harmless for all liability and damages, including costs of defense and attorneys’ fees, that DLM incurs in connection with any claim or assertion that content provided by or on behalf of Partner infringes any copyright, trademark, service mark, patent or other intellectual property right or any other class of content prohibited by Addendum C to this Agreement