Last Updated: April 1, 2021

Foursquare Consumer Services Terms of Use

ARBITRATION NOTICE: THESE FOURSQUARE CONSUMER SERVICES TERMS OF USE (“TERMS OF USE”) CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND THE FOURSQUARE PARTIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE FOURSQUARE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Terms of Use are a legally binding contract between you and Foursquare Labs, Inc. (on behalf of itself and its wholly-owned subsidiaries, Factual Inc. and Placed LLC). We’ll refer to all of those entities together as “Foursquare”.

These Terms of Use cover your use of the Foursquare consumer services, which we’ll refer to as the “Services”. The Services consist of:

• These websites: foursquare.com/city-guide, swarmapp.com, rewardsapp.com, and any other consumer websites offered by Foursquare (collectively, the “Sites”);
• These mobile apps: Foursquare City Guide, Swarm, Rewards by Foursquare, and any other consumer mobile apps offered by Foursquare (collectively, the “Apps”); and
• The services, features, content and widgets offered by Foursquare in connection with the above.

These Terms of Use do not cover our enterprise (business) websites or services. Those services are described in our Enterprise Site Terms.

Acceptance of Terms.

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site(s), where applicable, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Foursquare's Privacy Policy, Foursquare's Intellectual Property Policy, Foursquare's Photo Guidelines, Foursquare's Venue Terms and Conditions, Placed Points Program, and all other operating rules, policies and procedures that may be published from time to time on the Site(s) by Foursquare, each of which is incorporated by reference and each of which may be updated by Foursquare from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by Foursquare from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services on the Site(s), individual users of the Services, venues that access the Services, and users that have a page on the Services.

Access.

Subject to these Terms of Use, Foursquare may offer to provide the Services, as described more fully on our Sites, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but shall not be limited to, any services Foursquare performs for you, any applications or widgets offered by Foursquare that you download from ourSites or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store or Google Apps Marketplace) authorized by Foursquare, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility.

You may need to register for an account or use your credentials (e.g. username and password) from a third party social media platform to access some or all of our Services. If you register for an account with Foursquare, you shall provide Foursquare with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number (optional) and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Foursquare account. We recommend, but do not require, that you use your own name as your user name (“User Name”) so your friends can recognize you more easily.

You agree that you will not:

• create an account for anyone other than yourself without such person's permission;
• create a username that is the name of another person with the intent to impersonate that person;
• create a user name or Foursquare account that is subject to any rights of a person other than you without appropriate authorization; or
• create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Foursquare reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Foursquare password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Foursquare in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You must be at least 13 years of age to access of use the Services. If you are under 18 years of age (or the age of legal majority where you reside), you may only access or use the Services under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Use. The Service is not available to individuals who are younger than 13 years old. Foursquare may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Privacy

By using the Services, you consent to Foursquare’s collection, use, and disclosure of information about you and your device. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you and your mobile device. Please review our data collection practices carefully before using our Services.

Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Foursquare cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, "shouts", videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise you make accessible to Foursquare on or through the Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, "User Submissions."

Foursquare Content.

The Services contain Content specifically provided by Foursquare or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Subject to these Terms of Use, Foursquare grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the Content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the Apps available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

User Submissions.

We may use your User Submissions in a number of ways in connection with our Sites, Services and Foursquare’s business as Foursquare may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on our Sites or otherwise through the Services, you hereby grant Foursquare a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions and any content that your submit to Foursquare for business purposes (e.g. promoting the Sweepstakes in which you participated) in connection with our Sites, Services and Foursquare's (and its successors and assigns') businesses, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of our Sites and/or the Services, including Third Party Media, a non-exclusive license to access your User Submissions through our Sites and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of our Sites, Services and Third Party Media. For clarity, the foregoing license grant to Foursquare does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Foursquare.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through our Sites is the sole responsibility of the person from which such Content originated; that Foursquare will not be liable for any errors or omissions in any Content; and that Foursquare cannot guarantee the identity of any other users with whom you may interact in the course of using our Services.

When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Submissions.

Rules and Conduct.

As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by Foursquare in its sole discretion;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• involves commercial activities (whether or not for profit) and/or sales without Foursquare's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Foursquare or any third party;
• impersonates any person or entity, including any employee or representative of Foursquare;
• includes anyone's identification documents or sensitive information; or
• breaches the Privacy Policy, the House Rules and/or any of the other policies and rules incorporated herein.

If the User Submission includes a photograph, Foursquare's Photo Guidelines shall apply. Foursquare has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):

• take any action that imposes or may impose (as determined by Foursquare in its sole discretion) an unreasonable or disproportionately large load on Foursquare's (or its third party providers') infrastructure;
• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
• bypass any measures Foursquare may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
• run any form of auto-responder or "spam" on the Service;
• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
• harvest or scrape any Content from the Service;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Foursquare;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
• otherwise take any action in violation of Foursquare's guidelines and policies.

Foursquare does not guarantee that any Content or User Submission (as defined above) will be made available on the Site or through the Service. Foursquare has no obligation to monitor the Sites, Services, Content, or User Submissions. However, Foursquare reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Foursquare is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Foursquare also reserves the right to access, read, preserve, and disclose any information as Foursquare reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Foursquare, its users and the public.

Card Services

Certain features of our Services and/or certain services and products made available to you through the Services may allow you to purchase services (“Card Services”). Foursquare uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Foursquare is not responsible for any errors by the Payment Processor. In connection with your use of the Card Services, Foursquare will obtain certain transaction details, which Foursquare will use solely in accordance with our Privacy Policy.

Points Program and Sweepstakes

If you have enrolled in the Placed Points Program, you agree to be subject to the additional terms set forth in the Placed Points Program Terms (https://www.placed.com/points-program), as such terms may be amended from time to time. If you participate in Placed’s sweepstakes, you agree to be subject to the additional terms set out in the Placed Sweepstakes Official Rules (https://www.placed.com/sweepstakes-rules), as such rules may be amended from time to time.

Feedback and Unsolicited Idea Submission Policy

For information on Foursquare’s Feedback and Unsolicited Idea Submission Policy, please go here.

Special Terms for 'Add-to-Foursquare' Link

If you include Foursquare's 'Save-to-Foursquare' Link ("Save-to Link") on your website, the following additional terms apply to you:

• Subject to your continuous compliance with these Terms of Use, Foursquare hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Save-to Link on a website for which you have proper authorization ("your website") so that users can post links or content from your website on the Service. You grant us permission to use and allow others to use such links and content on the Service.
• Your license is subject to the following restrictions on use: (a) you may not use the Save-to Link to facilitate your sale of access to the Service or any information therein without Foursquare's prior written approval; (b) you may not obscure or disable any element of the Save-to Link; (c) your website title and other trademarks and logos must appear at least as prominent as Foursquare's trademarks and logos in the Save-to Link; (d) you may not display the Save-to Link in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by Foursquare; (e) you may not display the Save-to Link on any site that disparages Foursquare or its products or services, infringes any Foursquare's intellectual property or other rights, or violates any applicable law; (f) you may not place the Save-to Link on sites that include content that would violate these Terms of Use if posted on the Service; (g) you may not display the Save-to Link in a manner that does not permit successful linking to, redirection to the Service; and (h) you may not insert any intermediate page, splash page or other content between the Save-to Link and the Service.

Special Terms for Pages.

If you have a "Page" on the Service, you also agree to the following:

• Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
• You may only administer a Page if you are an authorized representative of the subject of the Page.
• All Content posted on the Pages will be made available to all users of the Services.
• You may not display any Content on your Page that is an ad or could be construed as an ad.
• You may not establish terms beyond those set forth in these Terms of Use to govern the use of the Page you administer.
• Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
• You will not direct your Page, or any Content on your Page, to children under the age of 13.
• If you collect information about users, you will only use such information for your internal business purposes in connection with your use of the Service and in accordance with Foursquare's Privacy Policy.
• You will not use deceptive practices to get users to "like" your Page.
• You are responsible for ensuring that your Page, including any Content you post on your Page, shall comply with all applicable laws, rules and regulations and these Terms of Use, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

Special Terms for Verified Venues.

If you are the verified representative of a venue, you also agree to Foursquare's Venue Terms and Conditions.

Special Terms for Developers.

If you are a developer or operator of any application or service that uses Foursquare's application programming interface(s) you also agree to Foursquare's Platform Policy and API License Agreement.

Advertisements and Promotions.

Some of our Apps may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information or links to third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Foursquare is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Foursquare advertisers or third party information on the Services.

Third Party Sites and Services.

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under Foursquare's control, and you acknowledge that Foursquare is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Foursquare or any association with its operators. You further acknowledge and agree that Foursquare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination.

Foursquare may terminate your access to all or any part of the Service and/or Save-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. If you wish to terminate your account, you may do so by following the instructions on our Sites. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

Foursquare has no special relationship with or fiduciary duty to you. You acknowledge that Foursquare has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Foursquare from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Foursquare makes no representations concerning any Content contained in or accessed through the Services, and Foursquare will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users of the Sites. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

THE SITE, SERVICE, CONTENT AND SAVE-TO-LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

FOURSQUARE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND SAVE-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You shall defend, indemnify, and hold harmless Foursquare, its subsidiaries, affiliates and each of its and its subsidiaries’, affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, our Sites, Services, Content, Save-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity . Foursquare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Foursquare in asserting any available defenses

Limitation of Liability.

ALL LIABILITY OF FOURSQUARE, ITS SUBSIDIARIES AND AFFILIATES, EACH OF IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT THAT IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF FOURSQUARE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOURSQUARE, ITS SUBSIDIARIES AND AFFILIATES, NOR IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT FOURSQUARE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK FOR:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
• LOSS OF ACTUAL OR ANTICIPATED PROFITS;
• LOSS OF REVENUE;
• LOSS OF GOODWILL;
• LOSS OF DATA;
• LOSS OF ANTICIPATED SAVINGS;
• WASTED EXPENDITURE; OR
• COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. 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. IN SUCH CASES, FOURSQUARE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA), NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

• DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
• FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
• ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.

Governing Law.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Foursquare agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

For users not located in the EEA, the following arbitration and governing law provisions shall apply:

• These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to the exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

Solely in respect of users located in the EEA, the following governing law provisions shall apply:

• These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

Legal Compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” Country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Government Use.

The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

Apple Terms of Service.

You acknowledge and agree that these Terms are a binding agreement between you and Foursquare, and which Foursquare is required to pass onto you by Apple: (a) these Terms are between you and Foursquare only, and not with Apple, and Foursquare is solely responsible for the iOS Apps and the content thereof; (b) there are additional usage rules for the iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the IOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Apps; (e) Foursquare, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS Apps, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof).

Integration and Severability.

These Terms of Use are the entire agreement between you and Foursquare with respect to the Service and use of the Site, Service, Content, User Submissions or Save-to-Link, and supercede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Foursquare with respect to ourSites. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. 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. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Foursquare must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use.

Foursquare reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Sites or by sending you notice through the Services or via email. Foursquare may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Cancellation of these Terms of Use

In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via our Sites, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) ("Directive") within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User Submissions, and/or provision or access of Content via the Sites by such users.

Miscellaneous.

Foursquare shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Foursquare's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Foursquare's prior written consent. Foursquare may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Solely in respect of users located in the EEA, in respect of these Terms of Use and your use of our Sites, Services, Content, User Submissions or Save-to Link, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

Language.

Where Foursquare has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Foursquare.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Contact.

You may contact Foursquare at the following address: 50 W 23rd St, 8th Floor, New York, NY 10010.