Foursquare Consumer Services Terms of Use

Last Updated: August 14, 2023

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, THE PARTIES AGREE THAT DISPUTES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION WILL BE WAIVED.__

The Foursquare Consumer Services Terms of Use (“Consumer Terms”) are a legally binding contract between you and Foursquare Labs, Inc. (“Foursquare”). These Consumer Terms cover your use of certain websites (such as Foursquare City Guide, Foursquare Swarm), applications (such as Foursquare City Guide, Foursquare Swarm), services, content, features and widgets offered by Foursquare (collectively “Consumer Services”). There are no third-party beneficiaries of this contract unless expressly stated herein.

These Consumer Terms do not cover our enterprise websites or services. Please review our Enterprise Service Terms for questions regarding those services. It is your responsibility to read and understand these Consumer Terms.

1. Acceptance of Agreement and Terms

1.1 – Agreement. By registering for and/or using the Consumer Services in any manner, including but not limited to visiting or browsing websites or using applications, where applicable, you are representing to Foursquare that you have read, understood and expressly agree to all of the terms and conditions contained in these Consumer Terms. If you do not accept these Consumer Terms, you may not use the Consumer Services.

1.2 Scope of Consumer Terms. These Consumer Terms govern all Foursquare Consumer Services and apply to all users of the Consumer Services, including, without limitation, users who are contributors of content, information, and other materials or services, individual users of the Consumer Services, venues that access the Consumer Services, and users that maintain pages using the Consumer Services.

1.3. Eligibility. You must be at least 18 years of age to create an account to use the Consumer Services. Foursquare may, in its sole discretion, refuse to offer the Consumer Services to any person or entity and change its eligibility criteria at any time.

1.4 Supplemental Terms. In addition to these Consumer Terms, more specific and/or supplemental terms and conditions may apply to some Consumer Services, including but not limited to, particular applications, websites, rewards programs, sweepstakes or promotions, service or other activity and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions (the “Supplemental Terms”) are in addition to these Consumer Terms and, in the event of a conflict, the Supplemental Terms will prevail over these Consumer Terms. If you do not agree to the applicable Supplemental Terms disclosed, you may not use the Consumer Services.

These Consumer Terms incorporate the following by reference:

• Foursquare’s Photo Guidelines
• Platform and Acceptable Use Policy
• Authorized Venue and Event Platform Terms of Use
• Unsolicited Idea Submission Policy
• Copyright Infringement Policy
• Trademark Infringement Policy

For clarity, Supplemental Terms also include all other operating rules, policies and procedures that may be published from time to time by Foursquare, including those referenced herein, each of which is incorporated by reference.

1.5 Updates or Amendments. Foursquare may need to update, modify or replace these Consumer Terms or Supplemental Terms from time to time or change, suspend, or discontinue the Consumer Services (including without limitation, the availability of any feature, database, or content) at any time by providing notice via email, this page or through the Consumer Services. Foursquare may also impose limits on certain features and services or restrict your access to parts or all of the Consumer Services without notice or liability. It is your responsibility to check these Consumer Terms periodically for changes. Your continued use of the Consumer Services will constitute acceptance of any changes.

1.6 Accounts. Foursquare may require you to create 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 Consumer Services. If you register for an account with Foursquare, you agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us. Failure to do so shall constitute a breach of these Consumer Terms, which may result in immediate termination of your Foursquare account.

You further agree that you will not:

• Create an account for anyone other than yourself without such person’s permission;
• Use another person’s name (or username) or likeness to create an account with the intent to impersonate that person;
• Create an account that is subject to any rights of a person other than you without appropriate authorization;
• Create an account with a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
• Otherwise provide false details when creating an account.

Foursquare, in its sole discretion, reserves the right to refuse registration of or cancel an account.

1.7 Passwords and Security. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are solely responsible for all activities under your account that you can reasonably control. You also agree to never use another user’s account without such other user’s prior express permission. You agree that you will immediately notify Foursquare of any unauthorized use of your account, or other account related security breach of which you are aware.

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.

1.8 Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from Foursquare at the email address you have provided as part of your account creation. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

1.9 Termination or Suspension. Foursquare may terminate or suspend your access to all or any part of the Consumer Services 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 Consumer Services. If you wish to terminate your account, you may do so by following the instructions set forth within the specific Consumer Services. Any fees paid hereunder are non-refundable. All provisions of these Consumer Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

2. Privacy

In order to provide the Consumer Services, Foursquare will collect personal data in accordance with Foursquare’s Consumer Services Privacy Policy.

3. Content, User Submissions, and Limitations

3.1 General. For purposes of these Consumer Terms, 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 Consumer Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Consumer Services, including Content that you add to the Consumer Services if you link your accounts to third party websites and services, is collectively referred to as, “User Submissions.”

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 Consumer Services 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.

3.2 Foursquare Content. The Consumer 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 Consumer Services.

Subject to these Consumer Terms, 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 Consumer Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Foursquare’s written permission to do so. You agree not to authorize or permit any third party to distribute or make the Consumer Services 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 Consumer 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.

3.3 User Submissions. Foursquare, in its sole discretion, may use your User Submissions in a number of ways in connection with our Consumer Services and Foursquare’s business, 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 through the Consumer 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 Consumer Services and Foursquare’s (and its successors and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Consumer 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 Consumer Services, including Third Party Media, a non-exclusive license to access your User Submissions through our Consumer 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 Consumer 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 Submissions, including the right to grant additional licenses to the material in your User Submissions, 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 Consumer Services 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 Consumer Services.

3.4 Limitations. Foursquare does not guarantee that any Content or User Submission (as defined above) will be made available through the Consumer Services. Foursquare has no obligation to monitor the Consumer 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 Consumer Terms), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Consumer Services. 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 Consumer Terms, 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.

3.3 Feedback and Unsolicited Idea Submission Policy. For more information, please review Foursquare’s Feedback and Unsolicited Idea Submission Policy.

4. Acceptable Use

4.1 General. As a condition of your use, you shall not use the Consumer Services for any purpose that is prohibited by these Consumer Terms. You are solely responsible for all of your activity in connection with the Consumer 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.

4.2 Foursquare Platform and Acceptable Use Policy. These Consumer Terms incorporate by reference the Foursquare Platform & Acceptable Use Policy.

4.3 Photographs. If User Submissions include photographs, 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.

4.4 Additional Usage Restrictions. In addition to any restrictions set forth herein or incorporated by reference in the Foursquare Platform & Acceptable Use Policy, when using our Consumer Services, you agree that you will not, either 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 Consumer Services or any activities conducted using the Consumer Services;
• Bypass any measures Foursquare may use to prevent or restrict access to the Consumer Services (or other accounts, computer systems or networks connected to the Consumer Services);
• Run any form of auto-responder or “spam” on the Consumer Services;
• Use manual or automated software, devices, or other processes to “crawl” or “spider” the Consumer Services;
• Harvest or scrape any Content from the Consumer Services;
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Consumer Services or 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 Consumer Services (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 Consumer Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Consumer Services or that could damage, disable, overburden or impair the functioning of the Consumer Services in any manner; or
• Otherwise take any action in violation of Foursquare’s guidelines and policies.

5. Card Services

Certain features of the Consumer Services and/or certain services and products made available to you through the Consumer 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 Consumer 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.

6. Points Program and Sweepstakes

If you have enrolled in the Rewards Points Program, you agree to be subject to the additional terms set forth in the Foursquare Rewards Points Program Terms, as such terms may be amended from time to time. If you participate in Rewards sweepstakes, you agree to be subject to the additional terms set out in the Foursquare Rewards Application Sweepstakes Terms, as such terms may be amended from time to time.

7. Special Terms

7.1 “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 Consumer Terms , 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 Consumer Services. You grant us permission to use and allow others to use such links and content on the Consumer Services.
• 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 Consumer 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 Consumer Terms if posted on the Consumer Services; (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.

7.2 Pages. If you have a “Page” on the Consumer Services, 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 Consumer 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 Consumer Terms 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 minors under the age of 18.
• If you collect information about users, you will only use such information for your internal business purposes in connection with your use of the Consumer Services 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 Consumer Terms, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

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

8. Third Party Sites & Services

Foursquare’s Consumer Services 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 Consumer Services. 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.

9. 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 Consumer Services; what Content you access via the Consumer 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 Consumer Services. The Consumer 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 Consumer 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 Consumer Service.

You release Foursquare from all liability relating to your connections and relationships with other users of the Consumer Services. You understand that Foursquare does not, in any way, screen users, nor does Foursquare inquire into the backgrounds of users or attempt to verify their backgrounds or statements. Foursquare makes no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall Foursquare 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 Consumer 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 Consumer 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 Consumer 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 CONSUMER SERVICES, 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 CONSUMER SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; © ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE CONSUMER SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE CONSUMER SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE CONSUMER 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.

10. 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 Consumer Services, Content, Save-to Link or otherwise from your User Submissions, violation of these Consumer Terms, 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.

11. 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 CONSUMER 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 CONSUMER 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 SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE CONSUMER TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE CONSUMER TERMS. 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 CONSUMER TERMS 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.

12. Limitation of Liability

A printed version of these Consumer Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Consumer Terms 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 Consumer Services 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 Consumer Terms 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 Consumer Terms, 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 Consumer Services is not authorized in any jurisdiction that does not give effect to all provisions of these Consumer Terms, including without limitation, this section. If you are accepting these Consumer Terms 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 Consumer 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 Consumer Terms 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 Consumer Terms shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

13. Export Controls and Sanctions

You may not access or use any Consumer Services in violation of United States export control and economic sanctions requirements. By using Foursquare’s Consumer Services you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

14. Government Use

The Consumer Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Consumer Terms.

15. Apple Terms

You acknowledge and agree that these Consumer Terms are a binding agreement between you and Foursquare, and which Foursquare is required to pass onto you by Apple Inc. (“Apple”): (a) these Consumer 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; © 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 Consumer Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Consumer Terms against you as a third party beneficiary thereof).

16. Integration and Severability

These Consumer Terms are the entire agreement between you and Foursquare with respect to the Consumer Services and use of the Consumer Services, 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 our Consumer Services. If any provision of these Consumer Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Consumer Terms 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 Consumer Terms to be binding, Foursquare must provide you with written notice of such waiver through one of its authorized representatives.

17. EEA Right to Cancellation of these Consumer Terms

In respect of users located in the EEA who wish to receive Consumer Services, and/or provide User Submissions, and/or provide or access Content via our Consumer Services, such users may have a right to cancel these Consumer Terms under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Consumer Terms 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 Consumer Services, and/or provision of the User Submissions, and/or provision or access of Content via the Consumer Services by such users.

18. 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 Consumer Terms 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 Consumer Terms and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Consumer Terms, all notices under these Consumer Terms 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 Consumer Terms and your use of our Consumer Services, Content, User Submissions or Save-to Link, nothing in these Consumer Terms 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 Consumer Terms should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

19. Language

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

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

20. Contact

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