Last Updated: June 06, 2019

Superuser Terms and Conditions

Overview

Thanks for volunteering to help improve Foursquare! Please read the full agreement below before continuing. Here are some important things to note (as described in more detail below):

• You will lead by example by following our guidelines, treating others with mutual respect, and assuming others are acting with the best intentions. Be nice and positive - we all share the same goal!
• We may show you confidential, yet to be released products or features and you must be willing to keep those confidential.
• You are a volunteer and will not be paid, but you have our (and the Foursquare community's) heartfelt appreciation.
• Just so you know, Foursquare owns the contributions, information, suggestions, edits and other feedback that you provide.

Intro

By enrolling as a Superuser in the Foursquare Labs, Inc. superuser program ("Superuser Program"), you agree to be bound by the terms and conditions set forth below (the "Agreement"), so please read these terms and conditions carefully. In this Agreement, "Foursquare", "we", or "us" refers to Foursquare Labs, Inc., and "Superuser", "you", or "your" refers to the person or entity performing the services.

Superusers' Responsibilities

By clicking "I agree," using the Foursquare Superuser dashboard, or providing other services requested by Foursquare, you agree to perform the services in good faith and in accordance with our guidelines and policies (including, but not limited to, our Terms of Use, Superuser guidelines and House Rules). You also agree to keep confidential the services you provide to Foursquare with regards to any Confidential Information (as defined below), including unreleased or confidential features or projects, and not to blog or otherwise tell others about such services without Foursquare’s written consent. Although you are responsible for the content and accuracy of the services, Foursquare reserves the right to review, reject, or remove any contributions, comments, information, edits, suggestions and other feedback, at any time for any reason in its sole discretion. You represent and warrant that all information you provide for the purpose of enrolling as a Superuser will be accurate, complete, and current.

Expected Behaviors

Every member of the Superuser Program is expected to be supportive of members, Foursquare staff and the Foursquare business and contribute to a collaborative, positive and respectful environment in which we can all succeed. As ambassadors for the brand, Superusers are expected to be respectful when engaging with the public on behalf of or regarding the Foursquare business. We want to foster a community where everyone feels welcome and are able to ask questions and share knowledge. Be polite and friendly in all forms of communication, including remote and IRL interactions. You are expected to give and receive feedback with grace and bring any concerns about the community, partners and the business to Foursquare staff, who will surface and handle aforementioned concerns accordingly.

Unacceptable Behaviors

Unacceptable behavior includes intimidating, harassing, abusive, discriminatory, derogatory or demeaning conduct by any member of the Superuser Program both online and offline. Unacceptable behavior will not be tolerated. If someone is deemed to be acting in an unacceptable manner, Foursquare staff may take any action they deem appropriate, including removing any person from the community without warning, as warranted.

If you are subject to unacceptable behavior, notice that someone else is being subject to unacceptable behavior, or have any other concerns, please notify Foursquare staff as soon as possible.

Social Media Guidelines

We engage with our Superusers and stakeholders beyond Foursquare-owned platforms: you can find us on Twitter, Facebook, Instagram, Vimeo, YouTube, LinkedIn, and Medium. Here are a couple of things you should know about engaging with us and our partners on social media: As a volunteer, you must make clear that you are speaking for yourself and not for the company when you discuss Foursquare or brand-related matters on the internet. You can use a disclaimer like "The postings on this platform are my own and do not necessarily represent the position, strategy or opinions of Foursquare". When relevant, you must identify yourself with your name and your role as a Superuser at Foursquare.

We are committed to having a dialogue with our community members. We count on you to use @ messages in a way that contributes to the dialogue in a relevant and respectful manner. We strive to respond to as many questions and comments as possible, but we reserve the right to use our judgment in selecting the messages we respond to. The posting and presence of content including a Foursquare handle does not necessarily mean that Foursquare agrees with the content, ensures its accuracy or otherwise approves of it. Nothing in any social media post constitutes a binding representation, agreement or endorsement on the part of Foursquare.

Confidentiality

Features, functionality, text, graphics, and other information visible through the Superuser dashboard may not be generally available to the public and all such features, functionality, text, graphics, other information shown through the Superuser dashboard, or 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.

Proprietary Rights

You acknowledge and agree that Foursquare owns all legal right, title, and interest in and to the Foursquare service (including the Superuser platform) and any content therein, as well as any comments, information, edits, suggestions and other feedback you provide, 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.

No Compensation or Employment

You understand that Foursquare, other Foursquare users, and the general public, may use your contributions, comments, information, edits, suggestions and other feedback, for any purpose, including but not limited to, by making them accessible to members of the Foursquare community or others or by distributing them to various third party developers or corporations to enable them to build new products for their and the Foursquare community’s benefit.

You acknowledge that you are providing these services on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist, the Foursquare community to use, implement, and understand various facets of the Foursquare platform. Foursquare makes no guarantee or representation as to whether or not your contributions, comments, information, edits, suggestions and other feedback will be used, and you understand and acknowledge that Foursquare will not compensate you for the services that you provide. Furthermore, you acknowledge and agree that nothing in this agreement or in your voluntary provision of these services creates any employment relationship between you and Foursquare.

Term and Termination

The term of this Agreement begins on the date you enroll in the Superuser Program and continues until terminated as specified herein. If you are dissatisfied with the Superuser Program or with any of the terms and conditions contained in this Agreement, your sole and exclusive remedy is to terminate your Superuser 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 Superuser Program at any time, terminate or lower your Superuser status, discontinue your participation in the Superuser Program, or remove, edit, or alter your submissions. Foursquare may exercise its discretion to so terminate, discontinue, remove, edit or alter, as provided for above, for any reason, or no reason, including, but not limited to, if Foursquare believes that you have violated the terms of this Agreement, Foursquare’s Terms of Service, or if Foursquare believes your conduct is harmful to Foursquare or others. 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 Superuser Program account via email, and any such cancellation or termination shall be effective on the date Foursquare sends such notice.

Notices

Unless otherwise set forth in this Agreement, Foursquare may give general notices to you by posting on the Foursquare Superuser dashboard (e.g. foursquare.com/admin) and, where possible, by electronic mail to your email address.

No Warranty from Foursquare

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE SUPERUSER PROGRAM IS AT YOUR OWN RISK. THE SUPERUSER PROGRAM IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FOURSQUARE EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE SUPERUSER PROGRAM, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SUPERUSER PROGRAM, FOURSQUARE, AND/OR THE FOURSQUARE WEB SITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Limitations of Liability

IN NO EVENT SHALL FOURSQUARE, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FOURSQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, FOURSQUARE’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Foursquare has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

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.

Entire Agreement

This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Foursquare. Foursquare may modify the terms of this Agreement at any time upon notice published on the Foursquare Superuser dashboard or sent to you via email. Any use of the Superuser Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.

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.