Effective date: Nov 29, 2022
1.1. Please read these paid activity creator terms (“Paid Activity Creator Terms'', “Terms”) carefully. By using Locals Services to create, promote and collect payments from Paid Activity, if eligible by Locals (referred to here as “Paid Activity Services” or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree”), you agree and accept the following Paid Activity Creator Terms, which will bind you at all times and in whatever manner you use Paid Activity Services. If you do not agree, or you do not have the authority to accept these Paid Activity Creator Terms, you must not use the Paid Activity Services.
1.2. Locals.org, Inc. or any of our affiliated entities (referred to here as “Locals”, “we”, “us”, “our”, “Locals”) permit you to use the Locals Services and create a Paid Activity only in accordance with these Paid Activity Creator Terms.
1.3. You should note the following rules which apply to these Paid Activity Creator Terms:
the headings do not affect the interpretation of any provisions;
where we use the singular of a word, this also includes the plural (or vice versa); and
if we use terms such as “including”, “include”, “in particular”, “for example” or any similar expression, we do this for illustrative purposes only and this does not limit the scope or meaning of the overall provision (i.e., where we use such words, we are providing examples only and the examples are not exhaustive).
2. Application of these Terms
3. Changes to these Terms
3.1. We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access Paid Activity to ensure you understand the terms that apply at that time.
3.2. Where possible and provided you have registered an account with us, we will try to notify you of any changes to these Paid Activity Creator Terms by email or a pop-up notice when you next access your account.
3.3. If you do not agree to any changes to these Paid Activity Creator Terms that we may make, do not use Paid Activity Service. In addition, you may close your account by contacting us.
3.4. We may update and change our Website and our App from time to time, to reflect changes to needs of our users and business. We will try to give you notice of any major changes.
4. Paid Activity Service
4.1. The Paid Activity Service provides you with the ability to use Locals Services to create, promote and host an Activity and monetize sales from registrations to an Activity. Each Activity that you choose to monetize by selling a registration is referred to as your “Paid Activity”. Participants using Paid Activity Service may make a one-time payment to purchase a registration to participate in your Paid Activity.
4.2. After approval to use our Paid Activity Service, you will be permitted to create a Paid Activity through the App (all such persons referred to herein as “Paid Creator”) and offer your Paid Activity directly to other Users via the Locals Services.
4.3. When you set up and schedule your Paid Activity, you will determine the specific price of each Paid Activity and other specific requirements to participate in Paid Activity.
5. Your Content
5.1. You acknowledge that any information about your Paid Activity may be publicly available on Locals Services and we may handle and analyse content from your Paid Activity in the same manner as publicly available content.
6. Your consent on personal rights
6.1. You hereby authorise and provide your consent to Locals to use and to grant others acting on Locals’s behalf the right to use, in any form of media or technology, your name, nickname, username, image, voice, silhouette, likeness, any photograph/video of you, statements, endorsement and appearance and any other part of your personality, as well as any biographical information and any reproduction or simulation thereof in connection with Locals’s promotional and marketing activities.
7. Additional Information
7.1. We may require additional verifications or other information from you prior to selecting you to use our Paid Activity Service. If any information you provide is incomplete or inaccurate, you may not be able to use it in the Paid Activity Service. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
8. Failure to Provide
8.1. We reserve the right to suspend your use of Paid Activity Service if we reasonably believe that your account information is inaccurate or if you fail to provide all required information within the timeframes requested.
9. Eligibility for the Paid Activity Service and other requirements
9.1. You should receive prior approval from us in order to create Paid Activity and to receive your share of revenue from registration to Paid Activity.
9.3. You will also be required to submit payment and tax information to the Payment Processor. If Locals or the Payment Processor determines as part of the application or payment onboarding process, or later, that payments cannot be made to you for any reason, you cannot use Paid Activity Service. By accepting these Terms, you expressly authorise Locals to access your transaction data about your Payment Processor connected account activity and transactions and to conduct other activities in connection with the processing and monitoring of revenue share payments under these Terms.
10. Payment Process
10.1. Payment Methods. All sales proceeds from Paid Activity are directly transferred to the Paid Creator, including, but not limited to Paid Activity direct costs, any taxes, less Payment Processor Fee and Locals Fee. (“Direct Payments'') Creator will collect all Direct Payments through the applicable Payment Processor and Locals accept no (and disclaims all) obligation or liability with respect to such collection or the performance or nonperformance of such Payment Processor. Direct Payments are selectively available and may not be available to all Creators. Only Creator duly registered and authorised by Locals and Payment Processor may revenue Direct Payments. No money will be taken until Participant have been approved to participate in a Paid Activity by you. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you.
10.2. Payment Processor. Locals use a third party payment processor, such as Stripe (“Payment Processor”) to process payments for registrations to Paid Activity.
10.3. The processing of Direct Payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. We are not responsible for errors by the Payment Processor.
10.4. Payment Processor Fee. Payment Processors may charge a fee for facilitating the transaction, which may be deducted from your Direct Payment.
10.5. Locals Fee. Creator agrees to pay Locals all applicable service fees, specified on the page of creating Paid Activity, for each registration paid via Paid Activity Service ("Locals Fee"). Note that Locals Fees are subject to change from time to time with respect to transactions that occur following the change.
10.6. Transaction Limit. For risk management and security reasons and to meet the requirements imposed by our Payment Processor, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through Direct Payments and you authorise us to reject any transaction over that limit.
10.7. Currency. Direct Payments only available in certain currencies and for Creators in certain locations.
11. Paid Activity Creator Responsibilities
11.1. When creating a Paid Activity, you must, where applicable, fully educate and inform Participant about:
any risks inherent or incidental to the Paid Activity;
any requirements for participation, such as the minimum age, related skills, or level of fitness, and anything else Participants may need to know to safely participate in the Paid Activity (including dress codes, equipment, special certifications, or licences, etc.).
11.2. When hosting or attending a Paid Activity, you must act with respect towards other Users. In particular, you must not:
do anything that is not permitted under applicable local, national, or international law or regulation;
act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
harm or attempt to harm any User, or any other adult, child, or animal, in any way; or
bully, insult, intimidate or humiliate any User or other person.
providing truth, honest and accurate information about you as a Creator and your Paid Activity;
understanding and complying with all laws, rules and regulations that may apply to your Paid Activity and payments for your Paid Activity;
obtaining any required insurances, licences, permits, or registrations prior to providing your Paid Activity; and
ensuring that your creating and/or hosting of a Paid Activity will not breach any agreement you may have with any third party.
11.5. You are responsible for promptly responding to any inquiries and requests, regarding Paid Activity. You further acknowledge that you are responsible for any disputes relating to your Paid Activity. Notwithstanding with forgoing, you agree that Locals customer support team can make determination on refund and/or chargeback requests that are directed to Locals in response to customer complaints and to comply with applicable laws and regulations.
11.6. We may also exercise any of our rights and remedies under this Section regarding recovery of such amounts due and owing to us from you.
11.7. In addition, you agree that we may demand back any Direct Payments (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Creator profile, or the underlying event (s)’ risk, or branches of the applicable Terms. Where under applicable law, Direct Payments are subject to any chargeback or refund process, we under our sole discretion may demand to process a refund or chargeback by Creator or suspend, set-off (against any future revenue share payments due to you), invoice you or otherwise recoup the amount of those payments previously made or credited to you, including but not limited to any applicable expenses, legal and other fees.
12.1. During and after termination of using Paid Activity Service, you should not disclose information with confidential, non-public and proprietary nature (collectively, “Confidential Information”). You shall hold the Locals’s Confidential Information in strict confidence, you shall not use such Confidential Information except as permitted hereunder, and shall not disclose such Confidential Information to any third party without the prior written consent of Locals. Confidential Information does not include (a) information which is known to you prior to the date of receipt and not obtained or derived in any manner related to these Terms; (b) information which is or becomes part of the public domain through no your fault; or (c) information which is obtained from a third party that lawfully possesses such Confidential Information and is under no obligation to keep such Confidential Information confidential.
13. Cancellation; Non Performance
13.1. Creator should avoid changing or cancelling a confirmed Paid Activity whenever possible. If a change or cancellation is necessary, Creator must do so with timely notice to the Participant. Cancellations should be rare, unless for weather, safety, or force majeure reasons.
13.3. Creator agrees to notify Participants of Paid Activity cancellation as soon as reasonably possible and prior to the Paid Activity start time.
13.4. Creator will be the main contact for Participants with Paid Activity requests and complaints, including refund requests (“Claims”), and Creator will instruct the Participants not to contact Locals with Claims.
13.5. Creator will provide clear instructions and contact information to Participants so that Participants may make any Claims.
13.6. Paid Activity Disputes. All disputes regarding Paid Activity are between Creator and its Paid Activity Participants (“Paid Activity Disputes”). In the event of Paid Activity Dispute, Locals may try to mediate, but ultimately it is Creator obligation to settle the dispute.
14. MATERIAL DISCLOSURES AND COMPLIANCE WITH FTC GUIDELINES
14.1. When publishing posts/statuses about Locals products or services, Creator must clearly disclose his/her “material connection” with Locals, including the fact that Creator was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that Creator makes about Locals or its products or services. Please note that this disclosure is required regardless of any space limitations of the social medium, where the disclosure can be made via Hashtags, e.g. #sponsored. Creator’s statements should always reflect Creator’s honest and truthful opinions and actual experiences. Creator should only make factual statements about Locals or Locals’s services which Creator knows for certain are true and can be verified.
15. SOCIAL ACCOUNT MAINTENANCE
15.1. At all times during the term of these Terms, Creator shall make sure that Creator` s site or social network account that used for promoting Locals Services (the “Creator’s Social Account”) (a) is in compliance with all applicable laws and regulations; (b) does not contain any material that is fraudulent, defamatory or obscene; and (c) is suitable in all respects to be linked to Locals Services. Creator`s Social Account may not disparage Locals Services or contain any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable. Without limiting the foregoing, Creator`s Social Account may not display or link to other sites that display images or content that (i) depict sexually explicit materials, (ii) promote violence, illegal activities, or unlawful discrimination of any kind, or (iii) promote or incorporate any materials which infringe or assist others to infringe the intellectual property rights of others (collectively “Restricted Content”).
15.2. Creator also must make sure that Creator`s Social Account does not, in any way, copy or resemble the look and feel of Locals Services (i.e., the distinctive and particular elements of colour, graphics, design, organisation, presentation, layout, user interface, navigation, trade dress and stylistic convention within Locals Services, and the total appearance and impression substantially formed by the combination, coordination and interaction of such elements). Creator may not create an impression that Creator`s Social Account is Locals Services or part of Locals Services.
16.1. In the event Locals discovers that you are infringing these Terms or any applicable law, Locals may take any or all of the following actions in its discretion in addition to any and all remedies, specified in these Terms or in applicable law:
suspend or terminate your Locals Account;
suspend or terminate these Terms; alter,
edit or remove any your Paid Activity or any portion thereof;
disconnect your Payment Processor`s account;
block, reverse or refund any or all of your transactions.
16.3. By exercising right on remedies Locals is not waiving or prejusting any other rights under these Terms.
17. Non-exclusive Remedies
17.1. If Creator fails to pay Locals any amount of owed pursuant to the applicable Terms when due and following late payments, such amount will bear interest calculated from the date due until paid in full at a rate equal to the lesser of 0,01 percent per day and to the maximum amount permitted by applicable laws.
18.1. Creator will be solely responsible for complying with the collection, payment, and reporting of all applicable taxes, including but not limited to duties, value-added taxes, and taxes as required by international tax treaties, in connection with these Terms.
19. Independent Contractors
19.1. Both Locals and Creator agree that the relationship of Locals and Creator established by these Terms that of independent contractors and, except as otherwise specifically provided herein, nothing contained in these Terms shall be construed to give either party the power to direct and control the day-to-day activities of the other, constitute the Parties as partners, joint venturers, franchisor-franchisee, co-owners, legal representation, permanent residence (corporate or tax) or otherwise as participants in a joint or common undertaking, allow either Party to create or assume any obligation on behalf of the other Party for any purpose whatsoever or create an employment relationship.
19.2. Creator may not create an impression to Users that Paid Activity is sponsored, organised or co-hosted by Locals, except otherwise agreed by the parties.
20. Representation and warranties
20.1. Creator represents and warrants to that: (i) you have all necessary right, title, licence and authority to enter into and perform its obligations under these Terms; (ii) all of the information provided by you to Locals and/or the Payment Processor to enrol and participate in the Program is correct, accurate, complete and current at all times Creator represents that any materials used in the Paid Activity Services will not (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any law, statute, ordinance, or regulation.
20.2. The success of the Paid Activity Service depends on numerous factors beyond Locals control. Creator therefore acknowledges and agrees that the promotion or sale of the Paid Activity (and related receipts) is speculative. Locals does not make any, and expressly disclaims all, representations and warranties as to the profits, revenues or potential success of the Paid Activity and, except as otherwise provided in these Terms, no liability shall be imposed upon Locals based on any claim that (i) more sales or revenue could have been made or earned and/or (ii) better prices or terms could have been obtained.
21. Our Liability to You
21.1. Locals assumes no liability of any kind whatsoever for any outcome of any interaction (online or offline) resulting from the Paid Activities (including the cancellation of an Paid Activity), Content or Locals Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Locals Services.
21.2. Although we use our reasonable efforts to update the Locals Content and the Locals Services as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the Locals Services are accurate, complete, and up-to-date, or to the suitability of the Locals Services or the Content for you.
21.3. Please note, although we provide the Locals Services so that individuals may connect and enjoy Paid Activities, we are not responsible for the Paid Activities themselves, or any consequences of hosting or attending an Paid Activity arranged through the Locals Service.
21.4. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or Locals Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Locals Service. We also do not assume any liability arising from the cancellation of a Paid Activity.
21.5. We do not guarantee that our Locals Service, or any content on it, will always be available or be uninterrupted.
21.6. To the fullest extent permitted by law we make no warranties as to our Locals Services or content. You agree that our Locals Services and the Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Locals Services or the Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of Locals Services or the Content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Locals Services or the Content or their correctness, accuracy, timeliness, reliability or otherwise
21.7. You are responsible for the information you share with other Users when you disclose information on the Locals Service. We are not responsible for the conduct of any User of the Locals Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate outside of the Locals Services or participate in an activity as a Participant.
21.8. Please be aware that we do not conduct criminal background or similar checks on any Users or otherwise inquire into the background of the Users (in each case including Creators or Participants). You are solely responsible for all of your communications and interactions with other Users, and you should ensure you take appropriate precautions when communicating with other Users or attending or hosting activities. We make no commitments, and assume no liability, in connection with the conduct of the Users, on or off the Locals Service. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the content or Locals Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through Locals Service.
21.9. To the fullest extent permitted by law we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone (including Creators or other Users) or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Locals Services or the Content, or in any way or in any location. Locals assumes no liability whatsoever on any theory of recovery related to Activities.
21.10. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any Users, including you.
21.11. We are also not responsible to you if our provision of the Locals Services is delayed by an event or cause outside our control.
21.12. To the extent you are aware of suspicious, fraudulent, or behaviour, please immediately report it to us. You should block and report anyone that violates these terms, including (a) underage Users, (b) harassment, threats, and offensive behaviour, and (c) inappropriate or harmful behaviour of any kind, (d) fraudulent profiles, or (e) activities not conducted in accordance with these terms or applicable law.
21.13. If digital content that we have supplied is defective and damages any device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage to your device or pay you reasonable compensation. However, we will not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for any damage that was caused by you failing to correctly follow any of our instructions or to have in place any minimum system requirements that we advise you of.
21.14. To the fullest extent permitted by law, we do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Locals Services or its content, or in any way or in any location in connection with any Activity, the Locals Services and/or the Content.
21.15. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set forth in the preceding sentence, our total liability to you arising under or in connection with these Terms shall be limited to one hundred pounds sterling (£100).
21.16. TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY TYPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE ON THE LOCALS SERVICES OR CONTENT, OR ON THOSE AFFILIATED WITH US IN ANY WAY, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS; INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION, OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES.
22. Your Liability to Us
22.1. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
22.2. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Locals, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Locals Services and the Content; (b) your violation or breach of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defence or settlement of any such matters.
22.4. To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Locals Services, including participation and attendance at Activities; (ii) disputes between Users, including those between you and other Users; (iii) disputes related to Paid Activities, Direct Payments or between you and a Payment Processor; (iv) User Content or third party Content; (v) claims relating to the unauthorised access to any data communications or content stored under or relating to your account, including unauthorised use or alteration of such communications or your User Content.
22.5. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defence or settlement of any such matters.
23.1. These Paid Activity Creator Terms will be valid until terminated by either party as provided herein.
23.3. Locals may terminate at its sole discretion at any time, with or without cause, these Paid Activity Creator Terms or suspend your Account, or Locals Service for any violation of applicable Terms or laws or for no eligibility for Paid Activity Service. In addition, Locals reserves the right to deny any Creator the opportunity to use Paid Activity Service; suspend, disable or remove access to Paid Activity Service, in the case of any violation of applicable Terms or laws or not eligibility for Paid Activity Service.
23.4. In the case of termination of these Paid Activity Creator Terms we may disconnect your Payment Processor`s account.
23.5. Locals may choose to stop offering Paid Activity Service, or any particular portion of the Paid Activity Service, or modify or replace any aspect of Paid Activity Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Paid Activity Service, where, in Locals's sole discretion, failure to do so would materially prejudice you. You agree that Locals will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access Locals Services.
23.6. All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.