|This page states the Terms and Conditions of Use (the “TCU”) under which you may use www.ListFree.org™ (the “Site”) and other web sites owned and operated by ListFree.org, LTD., RLLLP, its subsidiaries, affiliated limited liability corporations, successors and/or assigns (the “Company”).
This is a legal and binding contract between you and the Company. If you do not acknowledge, accept and agree to the TCU stated here, do not use the Site or Services owned or operated by the Company.
The Company may revise the TCU at any time by updating this posting. You and the Company are bound by the TCU, therefore, you are encouraged to visit this page periodically to review the TCU for updated information.
The Company currently offers a wide variety of on-line products and services, including general and personalized content, search services, shopping, communication tools and forums, advertising and on-line applications (the “Service”). Unless specifically stated otherwise, any new feature or service that is changed, added or enhanced by the Company, shall be bound by the Company’s TCU.
You must be at least 18 years of age and competent to enter into a contract to use our Service. By using our Service you are agreeing to comply with the TCU and shall be bound by the Company’s TCU.
You understand and agree that our Service is provided on an “AS-IS” basis without any warranties of any kind and that the Company assumes no responsibility, nor does it represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by other users. You acknowledge that any reliance on material posted will be at your own risk.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, other applicable jurisdictions or countries. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your use of the Company’s Services and refuse you the right to future use of the Service (or any portion of the Service).
You understand that when you register with the Company you are agreeing to receive certain communications from the Company, via e-mail, and these communications are considered part of your registration/membership with the Company. However, you may “opt out” of receiving these communications from the Company.
KIDS AND PARENTS
The Company is concerned about the safety and privacy of all its users, particularly children. The Service is not intended for use by children, especially those under age 13. No one under age 18 is allowed to register with the Company, provide any personal information or to use our public discussion areas, including the Company’s press release, editorial, comment and/or shopping sections.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive confirmation of your account upon completing the Company’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify the Company immediately of any unauthorized use of your account or any breach of security. You will be responsible to ensure that you exit from your account at the end of each session. The Company will not be held liable for any loss or damage arising from your failure to comply with this section. When you are registering to open a store with the Company, you will be contacted by telephone and asked to provide additional information. This information will be verified by the Company for purposes of security.
YOUR RESPONSIBILITY AND CONDUCT
You understand and are responsible for any Content, including, but not limited to, any information that you publicly or privately post and/or transmit, pictures, advertisements, data, ect. (the “Content”) on or through our Service. You and not the Company are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Company be held liable for any Content, including, but not limited to, any errors or omissions in any Content, any Content that might be considered offensive, indecent or objectionable, or for any loss or damage incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available to the Company through our Service.
The following uses of our Service are strictly prohibited:
- Distribute, link to, or solicit Content that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise offensive;
- Harm minors in any way or include personally identifiable information about minor children;
- Infringe on someone else’s intellectual property or other rights;
- Impersonate any person or entity, misrepresent your affiliation with a person or entity;
- Harass and/or “stalk” another person and/or entity;
- Advocate or solicit violence or other criminal conduct;
- Violate any law, regulation, fiduciary relationship or contract;
- Promote any form of raffle, sweepstakes, lottery, or any form of gambling;
- Promote unsolicited or unauthorized advertising, junk or bulk e-mail, chain letter or other unsolicited commercial communication, except as the Company specifically authorizes;
- “Spam” or in any way perform broadcast or mass postings to the Company’s forums or users;
- Promote any use of or sell firearms or ammunition, tobacco, alcohol, drugs, pornography, or other product or service that is illegal in the domicile of either the distributor or recipient;
- Promote or cause the use of any Contents that would contain software viruses or any other computer code(s), file(s) or program(s) that would be or are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment;
- Collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications;
- Interfere with or disrupt the Service or servers or networks connected to our Service, or disobey any requirement(s), procedure(s), policy(s) or regulation(s) of network(s) connected to our Service;
- Copy text/HTML/source code from any editorial or comment section, including your own, to any other location, including but not limited to, other servers or websites on the World Wide Web; or
- Violate any applicable local, state, national or international law, intentionally or unintentionally, including, but not limited to, regulations promulgated by the US Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
- You acknowledge that the Company does not screen communications in advance and is not responsible for screening or monitoring of material posted by you or anyone else using the Service, but the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete and/or move any Content that is available via the Service. Without limiting the foregoing, the Company shall have the right to remove, delete and/or move any Content that violates the TCU, the law or is otherwise objectionable, abusive, illegal, or disruptive.
- You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company, including without limitation, information on the Company or comments, editorials or press releases submitted by a third party, stock quotes, financial information and/or other Content contained in whole or in part on any part of the Service.
- You acknowledge, consent and agree that the Company may access, preserve, and disclose your account information and any Content, if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TCU; respond to claims that any Content violates the rights of third-parties; respond to your requests for customer service; or protect the rights, property, or personal safety of the Company, its customers, clients, visitors and the public.
- You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
CONTENT SUBMITTED OR MADE AVAILABLE TO THE COMPANY TO INCORPORATE INTO OR TO USE ON THE SERVICE
The Company does not claim ownership of any Content you submit or make available for the Company to incorporate into or to use on the Service. However, with respect to Content you submit or make available for the Company to incorporate or to use on publicly accessible areas of the Service, you grant the Company the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for the Company to incorporate on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, and/or publicly display such Content on the Service solely for the purposes of providing and promoting the specific area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service, which is for as long as you are registered with the Company and will terminate at the time you delete your account, the Company deletes your account or the Company removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available to the Company for incorporation on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, and/or publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service, which is for as long as you are registered with the Company and will terminate at the time you delete your account, the Company deletes your account or the Company removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for the Company to incorporate on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, and/or publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the Company network of properties that are intended by the Company to be available to the general public. By way of example, publicly accessible areas of the Service would include the Company’s press release, editorials and comment sections, that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of the Company’s areas that are limited to members only, the Company’s Services intended for private communication such as the Company’s e-mail, or areas off of the Company’s network of properties such as portions of any World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by the Company.
You agree that you are recognizing the global nature of the Internet and you agree to comply with all local rules and regulations regarding on line conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
LISTFREE.ORG MEDIA POSTCARDS (“POP-UNDERS”) AND OTHER FORMS OF ADVERTISING FROM THE COMPANY
By placing an order with the Company, you agree to abide by these TCUs. You agree to allow the Company to create an ListFree.org Media Postcard™ by using your Content that you have provided to the Company. You agree to allow the Company to broadcast the created ListFree.org Media Postcard to other public domains.
Prices are subject to change at anytime. A proposal becomes an order only upon confirmation and acceptance from the Company.
However, once you have provided the Company with your Content to create a ListFree.org Media Postcard™, you are giving the Company the rights and ownership to offer the created ListFree.org Media Postcard™ to third-party users.
FINANCIAL CONTENT AND INFORMATION AVAILABLE ON THE SERVICE
The Service contains Content and information concerning companies (whether public, private, home based businesses, not-for-profit or others). Such Content and information could contain stock quotes, charts, securities and investments, and the Company is not responsible or liable for the accuracy, usefulness or availability of that information, nor is the Company responsible or liable for any loss or damages of any kind incurred by you based upon this Content and information. This Content is provided solely for informational purposes and is not intended for trading or investing purposes.
It is your sole responsibility and at your own risk if you enter into any relationship, business, promotional or otherwise, with any advertisers or businesses found on or through the Service. Any terms, conditions, warranties or representations associated with such relationships are solely between you and the advertiser, individual and/or business. You agree that the Company shall not be responsible or liable for any loss or damages of any kind incurred by you, as a result of your relationship with said advertiser, individual or business.
ADVERTISING AND THE FEDERAL TRADE COMMISSION
The Federal Trade Commission (the “FTC”) has created a guide, located at http://www.ftc.gov/bcp/about.shtm which contains rules and guidelines to protect businesses and consumers and helps maintain the credibility of the Internet as an advertising medium. Please visit the above website for further information regarding laws enforced, filing complaints, etc.
If the Company discovers that you are violating any portion of the FTC rules and regulations by making deceptive representations about yourself, company, products, services, etc., your advertising privileges will be immediately terminated, without any refund to you and you will be reported by the Company to the FTC for such activities.
GENERAL USE, STORAGE AND OPERATION/MODIFICATION/TERMINATION OF THE SERVICE
The Company reserves the right to set general limits concerning the use of the Service, including but not limited to, the maximum number of days that press releases, editorial postings, comments/reviews, or other uploaded Content is stored, the maximum size of any uploaded Content and the maximum amount of storage space made available to you on the Service. The Company has no responsibility or liability for the deletion or failure to store any Content or communication submitted to the Service. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Company may, at its sole discretion, and with no liability to you and/or any third party, terminate or change your account, password, or your use of any or all of the Service. The Company may remove any Content within the Service without notice and without any reason to you, for purposes, including, but not limited to the lack of use of the Service, security breaches, issues or problems, requests from a law enforcement or other government agency, illegal activity or violation of this TCU in any part.
The Service may provide, or third parties may provide, link(s) to other site(s), service(s), resource(s) and/or product(s) solely as a convenience to you and not as an endorsement by the Company of the services, contents, products, advertisements or any other materials on or available from such third-party Web sites. You agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused in connection with your use of any such link(s) to other third party site(s), service(s), resource(s) or product(s).
TRADEMARK, SERVICE MARK, COPYRIGHT INFORMATION AND INFRINGEMENT
The Company’s Site and Services contain information, Content or advertisement text, photographs, designs, graphics, images, animation and other materials and effects (the “Materials”) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights, patents and/or patents pending owned by the Company and/or third parties. All trademarks, service marks and copyrighted information contained on the Site and within the Service are the property of their respective owners. You must have the legal right to any Content you upload or download using the Service. Unless otherwise noted, you may view, copy, download, and print the Company’s Content on the Service, provided you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. You must contact the copyright owner for permission to use third party materials appearing on the Service. If you feel that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the Company at info@ListFree.org or contact the third party provider immediately.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TCS, or your violation of any rights of another.
DISCLAIMER/LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR NEEDS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You are agreeing and accepting the TCU of the Company, as the entire agreement between you and the Company, and governs your use of the Service, superseding all prior agreements between you and the Company. Additional terms and conditions may apply when you use or purchase other Company services, third party Content or third party software and/or affiliated websites. There are no rights of survivorship, nor are you permitted to assign your account or Contents of your account. You and the Company agree to be governed by the laws of the State of Florida and agree to submit to the personal exclusive jurisdiction of the state and federal courts located in Florida, for any claim or dispute with the Company or any of its subsidiaries, affiliates, offers, agents or employees. Failure on the part of the Company to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. The invalidity of any provision of the TCU, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision of the TCU. You must file any claim or suit related to the Company and the Service within one year after such claim or cause of action arose or you will forever be barred from doing so. Any section titles in the TCU are for your convenience only and have no substantive, legal or contractual effect.
If you have concerns or questions about any aspect of this policy or would like to report a violation of this policy, e-mail us at info@ListFree.org or contact ListFree.org, LTD., RLLLP, PO Box 254, Fort Lauderdale, Florida 33004.