Terms of Service & Member Agreement

 
 

Welcome to Weird Street! This agreement (“Agreement”) describes your rights and responsibilities in your use of Weird Street’s website, mobile apps, and service, both as a visitor and as a registered Weird Street member, and what you can expect from us. By clicking “I accept” or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding agreement. 

 

Weird Street is a private social network for businesses; we hope that businesses everywhere will use the Weird Street platform to build stronger and safer communities around the world. We use “Weird Street” here to refer to the Weirdstreet.com website and our iOS and Android apps (also referred to as our “Services”) that provide you with access to that platform. We also use “Weird Street” to refer to the companies operating our Services.

 

If you live in the United States, the Services are operated and provided to you by Weird Street, LLC, 2409, E. 8th Street, Austin, TX 78702.

 

Eligibility. 

Each person can only have one account per residence, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. You must use your real name, not a pseudonym. If you are under 13 years old (or any older age of consent required to use social media services where you live), do not use our services or provide any data to us. Convicted sex offenders, including registered sex offenders, and their households are not eligible for Weird Street accounts; and we may also deny other account registrations we think would harm a Weird Street community.


Address Verification. 

It is not OK to submit inaccurate registration information, or to register if you know you don’t meet our eligibility requirements. Providing false registration information violates our norms and could constitute a crime.

We make efforts to enforce our eligibility requirements, but please do not assume these processes are perfect. For example, we require members to verify their status as real-world business neighbors, and we use public registries to identify and block registered sex offenders in the United States (and other countries where permitted) from registering for personal residential accounts.

 

Account Types. 

Weird Street offers personal accounts to individual residential members, and special, restricted-functionality accounts to government agencies, such as city offices or police or fire departments, and to businesses, nonprofits, news media, and other organizations. Special accounts agree to additional terms and cannot see community discussions, nor can they access private messages between neighbors. Not all Weird Street account types and features are available in all locations.

 

Preferences. 

By default, we subscribe you to email messages for your community and nearby communities and messages from government agencies. You can change your preferences about receiving messages from government agencies, businesses, or other organizations, and customize your community subscriptions.

 

Privacy. 

We know that you do not want spam or marketing phone calls from third parties, so we will never sell or rent your personal information to third parties, and we won’t share it with a third party unless we have your authorization. Our privacy policy explains how we handle member and visitor data collected and generated in the course of visiting or using Weird Street. Please read it, as it forms part of this agreement.

 

Content. 

You retain all ownership rights to the text, photos, video, and other content you submit to Weird Street (collectively, your “Content”). You give us permission, in the form of a nonexclusive worldwide license, to use, copy, and publish your Content based on your Weird Street settings and the selections you make when posting and as otherwise described in our privacy policy.

 

Be A Good Neighbor. 

At Weird Street, we believe that respect is the foundation of healthy communities. Our Community Guidelines outline our expectations regarding appropriate use of Weird Street. Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively screen or monitor Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms a Weird Street community.

 

Interacting with Other Members. 

Our Community Guidelines outline our expectations regarding appropriate use of Weird Street, including how members interact with each other. While we hope other members will be respectful, we don’t control and aren’t responsible for their actions; we encourage you to do your own research before deciding to do business with another member. In using Weird Street and its member-to-member transactional features (such as Classifieds), you, like every member (including Admins), are acting on your own behalf and are responsible for your own decisions and actions, including posting Content and interactions with neighbors you meet through Weird Street. If you write a recommendation or other comment about another neighboring business (for example, a recommendation of an electrician), be truthful, fair and respectful in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission. Some members take on a volunteer role as Admin for their community, to help manage their community on Weird Street. Admins are provided with additional account features to use to support their community; they are not Weird Street employees, representatives, or agents.

 

Weird Street does not interview, run background checks on, monitor, supervise, or control Weird Street members, including those who volunteer as Admins, and your use of Business Pages or any similar feature does not make us an employer, placement agency, representative, or agent of or for you or any other business or service provider. If you and another member decide to work together, the two of you, and not Weird Street, are responsible for complying with any laws that might apply, such as tax or employment laws. Weird Street is not a party to transactions or disputes between members.

 

Feedback. 

Please feel free to share any feedback, suggestions, or ideas you have about Weird Street with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.

 

Text Messaging Alerts. 

If you use our text messaging service, note that text message alerts are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services. Weird Street does not charge for sending text messages, but your carrier may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s wireless carrier may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.

 

Copyright and DMCA. 

If you believe Content on Weird Street infringes your copyright, you can reach our notification agent at Weird Street, LLC, 2409 E. 8th Street, Austin, TX 78702. Email: contact@weirdst.com. If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).


Parental Controls. 

Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing the system preferences, settings, and help documentation for your computer or mobile device.
 

Restrictions from Our Licensors. 

Some of the information and services available through Weird Street are licensed from third parties and covered by these third-party terms and disclosures:

  • Some community names and boundaries on Weirdst.com are licensed from Maponics. You may not directly or indirectly sell, distribute, reverse engineer, or sublicense any Maponics content (or any portion thereof) or use such content other than as part of our services. This data is © Maponics 2011, www.maponics.com, and duplication is strictly prohibited.
  • Some parcel location and boundary information on community maps is licensed from Digital Map Products for use on our service only.
  • Some map information, business address information, and contact information is licensed from third parties, including Google, Inc. via its Maps API. Google Maps and Places information is provided subject to Google’s Terms of Service, including the Google Maps/Google Earth APIs Terms of Service, and its privacy policy.
  • You may not sublicense, resell, or otherwise distribute any data from our third-party licensors to any third party; it is only for your internal personal use.
  • Users of our iOS application are subject to the following terms required by Apple: To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the Weird Street iPhone app. Apple is not responsible for addressing any claims by you or any third party relating to the Weird Street iPhone app or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Weird Street iPhone app does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights. Where permitted by law, Apple, its subsidiaries and our other suppliers are third-party beneficiaries of this agreement, but no one else is. Without limiting the foregoing, (1) upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary, and (2) Apple is not a party to this agreement and is not responsible for the Weird Street iPhone app or its contents.

Using Our App. 

If you download and install the Weird Street app, we give you a limited non-transferable license to use it only to access and use Weird Street on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.

 

Liability Limits. 

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH WEIRD STREET, INCLUDING THE WEIRD STREET SERVICES, OUR SOFTWARE, YOUR USE OF WEIRD STREET OR ANY WEIRD STREET SERVICE, OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.


Governing Law. 

This agreement is governed by Texas law as it applies to agreements entered into and to be performed entirely within Texas between Texas residents. Some jurisdictions (including the European Union) provide consumers with mandatory rights that cannot be excluded via choice of law; if you are in such a jurisdiction, the preceding sentence does not affect those rights.
 

Venue and Jurisdiction. 

You and Weird Street both agree that, except as described in the next two paragraphs, (i) any claim or dispute regarding Weird Street will be resolved exclusively by a federal or state court located in Austin, Texas, and (ii) we each agree and submit to the exclusive personal jurisdiction of those courts for litigating such claims or disputes.

 

Dispute Resolution. 

If you have a dispute with Weird Street, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.

 

Additional Dispute Resolution Terms for U.S. Members: 

If you are a member in the U.S., you and Weird Street agree to the additional arbitration and dispute resolution terms found here. Please click through and read these important additional terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually, and include instructions for how to opt out if you do not agree. We encourage you to review and understand them.

 

Integration. 

This agreement includes our privacy policy and, if and to the extent applicable to you, our terms of service. It constitutes the entire agreement between you and us with respect to our Services, and supersedes any other agreements or understandings (oral or written). We can amend this agreement, any additional terms, or the privacy policy by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in one of your community’s Topics). If you keep using Weird Street after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using Weird Street and delete your account.

 

No Warranty. 

WEIRD STREET AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using Weird Street or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

 

Indemnity. 

If someone brings a claim against Weird Street (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages.

 

Disputes Between Members: Waiver of Claims Against Weird Street. 

In the real world and online, businesses sometimes disagree. If you have a dispute with another Weird Street member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that Weird Street is not responsible for the actions of its members; each member is responsible for their own actions and behavior, whether using Weird Street or chatting over the back fence. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 


General. 

This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not (i) located in a country that is subject to a U.S., Irish or EU, Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.

Last updated: June 27, 2017. Effective date of update