Foursquare Insider Program Terms & Conditions

These terms and conditions (the "Foursquare Insider Terms") govern your membership as a Foursquare Insider. As used throughout these Foursquare Insider Terms, the terms "we", "us", "our", and “Foursquare” refer to Foursquare Labs, Inc.

1. Registration

You represent that (a) you are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) you have the requisite power and authority to enter into these Foursquare Insider Terms, and (c) you have read and understood the Terms of Service and House Rules. Unfortunately, you may not join the Foursquare Insider program if you are a Foursquare employee, a business owner, closely affiliated with a business owner (think spouse, general manager, social media manager, partner, etc.), or work for one of our competitors because they present conflicts of interest. Please let us know immediately if you have any of these conflicts. “Competitors” includes, but is not limited to, any other local search websites, local search services, or other businesses that operate or offer local search services or websites.

You are also required to use your real name as well as post a real (and clear) photo of your face on your profile page.

2. Confidentiality

As a Foursquare Insider, Foursquare may share with you certain features, functionality, text, graphics and other information that may not be generally available to the public and all such features, functionality, text, graphics, and other non-public information disclosed to you directly by Foursquare are Foursquare confidential information ("Confidential Information"). You agree to keep Confidential Information confidential, not to disclose Confidential Information to any other individual, organization, or entity, and not to use Confidential Information for any purpose other than providing services to Foursquare.

3. Publicity

As a Foursquare Insider, we may from time to time want to feature your tips, photos, user stories and other content you submit to us on our website or through our marketing materials. Additionally, at Foursquare Events, Foursquare and its sponsors and vendors sometimes take photos and videos and later use them for promotional purposes and you may appear in some of these photos and videos. You hereby consent to the use of your name, likeness, image, and photos and other submitted content without additional compensation in any and all media, including, without limitation, through Foursquare’s website and blog, for publicity purposes and in connection with our marketing materials, where not prohibited by law. You agree that you will have no, and hereby waive any and all, approval rights in connection with any such use.

4. Ideas and Feedback

As a Foursquare Insider, we may invite you to participate in user advisory committees or to complete short surveys. Advisory committees will be subject to additional terms to be entered into between you and Foursquare. Unless otherwise specified in a separate agreement with you and Foursquare, you acknowledge and agree that Foursquare owns all legal right, title and interest in and to any ideas and feedback you provide to Foursquare in connection with the Foursquare Insider program, including, without limitation, through surveys completed by you, including any intellectual property or other proprietary rights which may subsist therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist). To the extent Foursquare does not own all such right, title and interest, you hereby assign such rights, title, and interest to Foursquare. You therefore acknowledge that you have no intellectual property or other proprietary rights in any of the foregoing.

5. Events

From time to time Foursquare may organize or host an event, gathering, or meet-up for Foursquare Insiders (“Foursquare Insider Events”). Although we try to create a safe environment at Foursquare Insider Events, bad things sometimes happen to good people. We ask that you do your part to help limit the possibility that you might get injured at a Foursquare Insider Event. First, you agree to carefully consider the inherent risks and take reasonable precautions before you choose to attend or participate at a Foursquare Insider Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Foursquare Insider Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Note too that some of your Foursquare Insider colleagues may be less responsible than you, and may themselves create additional risk to you despite their best intentions. You understand that your attendance and participation at Foursquare Insider Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.

Periodically, members of the Foursquare Insider program and the Foursquare community organize their own meet-ups and events (“Unofficial Foursquare Events”). Although Foursquare representatives sometimes join in the fun, Unofficial Foursquare Events are not sponsored or endorsed by Foursquare, even when they are promoted on the Foursquare website or blog. If you organize an Unofficial Foursquare Event, you agree to (a) promote it as such, and (b) not create the impression that it is sponsored or endorsed by Foursquare.

6. Release of Liability / Indemnity

You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Foursquare and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your membership in the Foursquare Insider program or attendance at any Foursquare Event, except, of course, for any gross negligence or willful misconduct on our part.

You agree to indemnify and hold Foursquare, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of your negligence or willful misconduct arising out of or relating to your membership in the Foursquare Insider program or attendance at any Foursquare Event.

7. Termination

The term of this Agreement begins on the date you enroll in the Foursquare Insider program and continues until terminated as specified herein. If you are dissatisfied with the Foursquare Insider or with any of the terms and conditions contained in this Agreement, your sole and exclusive remedy is to terminate your Foursquare Insider status. You may do so by emailing help@foursquare.com. Our ownership of your already submitted content continues after termination of this agreement, as do your confidentiality obligations and the various limitations on Foursquare's liability.

Foursquare may, in its sole discretion, terminate or discontinue the Foursquare Insider program at any time, or terminate your Foursquare Insider status, discontinue your participation in the Foursquare Insider program. You acknowledge and agree that all such decisions by Foursquare are final and Foursquare will have no liability with respect to such decisions. Foursquare will notify you of termination of your Foursquare Insider Program account via email, and any such cancellation or termination shall be effective on the date Foursquare sends such notice.

8. Choice of Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law. You agree that the exclusive venue for any disputes arising under this Agreement shall be the state and federal courts located in New York City, New York.

9. General Terms

You understand that participation in the Foursquare Insider program is purely voluntary and you are not an employee, representative, or agent of Foursquare. You agree that you will not represent yourself as an employee, representative, or agent of Foursquare. Any failure on Foursquare’s part to exercise or enforce any right or provision of the Foursquare Insider Terms does not constitute a waiver of such right or provision. If any provision of the Foursquare Insider Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Foursquare Insider Terms shall otherwise remain in full force and effect and enforceable.

10. Language

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

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