Welcome to LISTAFTERLIST.COM. Please read this agreement carefully. We are willing to let you use our services and software only on the condition that you accept all the terms of this agreement.
LISTAFTERLIST.COM is a suite of web sites, services and software provided by ListAfterList.com LLC (“we” or “us” in this Agreement).
We may change these terms at any time. You are responsible for checking these terms periodically for changes. If you continue to use LISTAFTERLIST.COM after we post changes to these terms, you are signifying your acceptance of the new terms. We may change or discontinue any feature of LISTAFTERLIST.COM at any time and without notice to you. Any service that we offer for a fee will be subject to supplemental terms and conditions.
LISTAFTERLIST.COM is intended for general audiences. You must be legally competent to enter into contracts. We may require that you register with us and obtain a User ID (“Lister Name”) and a password in order to access certain features of LISTAFTERLIST.COM. You may not have a Lister Name that is vulgar, attempts to impersonate another person or violates the rights of others. We may reject any Lister Name that we determine in our discretion is unacceptable. When you register, you must provide complete and accurate information about yourself, including accurate and up-to-date billing information. You agree to keep this information up-to-date.
3. INACTIVE STATUS.
5. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree to these Terms electronically. You agree that we may provide you with required notices in electronic form. We will post the notices on our home page or to the e-mail address that you provided to us at registration. As long as you can access LISTAFTERLIST.COM through an Internet connection, you have the necessary software and hardware to receive electronic notices. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Service.
6. YOUR RESPONSIBILITIES.
You are responsible for all activities on your account. You may not submit, offer links from, post or transmit through LISTAFTERLIST.COM any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business or entity, including our employees and agents;
- contains viruses Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- offers, promotes or encourages betting or wagering prohibited by law;
- interferes with the use of ListAfterList.com by others;
- content that is completely commercial in nature (i.e. ads);
- content that merely link to third party sites;
- content that is false; or
- content that you know or have reason to know is inaccurate.
7. NO SPAM.
You may not use LISTAFTERLIST.COM to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use LISTAFTERLIST.COM to violate the terms of this section.
8. PROPRIETARY RIGHTS.
We, our vendors, and our users who lawfully post text, messages, information, software, images, audio and video (“Content”) on LISTAFTERLIST.COM own the property rights to that Content. The Content is protected by copyright, trademark, patent, and trade secret laws and other proprietary rights. We own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on LISTAFTERLIST.COM are our trademarks.
9. LICENSE TO USE LISTAFTERLIST.COM.
You may only save one copy of any Content that you review on LISTAFTERLIST.COM on any single computer for your personal, noncommercial home use only. You may not use any Content to violate the rights of others. You may not copy, reproduce, reprint, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute any Content from the Service except as otherwise provided above. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Visit our Copyright Permission Page for information on how you can request permission to reproduce certain Content from LISTAFTERLIST.COM.
10. CONTENT YOU POST TO PUBLIC AREAS.
We are not liable for Content that is provided by others. We have no duty to pre-screen Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for content made available on the Internet. Any dealings that you have with advertisers found on LISTAFTERLIST are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied and is accessible on LISTAFTERLIST.COM in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
12. THIRD PARTY SITES; ADVERTISERS.
LISTAFTERLIST.COM may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on LISTAFTERLIST.COM are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
13. DISCLAIMERS REGARDING INFORMATION AND CONTENT.
We provide LISTAFTERLIST.COM for informational and educational purposes only. WE MAKE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT ON THIS SITE IS ACCURATE OR FIT FOR A PARTICULAR PURPOSE. You are using LISTAFTERLIST.COM at your own risk. Do not rely on any content without verifying it on your own. NOTHING ON THIS SITE IS INTENDED TO PROVIDE FINANCIAL, MEDICAL, LEGAL OR OTHER PROFESSIONAL ADVICE.
We may include on LISTAFTERLIST.COM features in which users may in a communal setting create, add, and edit collaboratively Content, similar to “wiki” sites (a “Wiki Site”). We are not responsible for the Content on a Wiki Site. Any opinions expressed are entirely the responsibility of the authors or contributors to a Wiki Site. The information on a Wiki Site may not be accurate, complete or reliable, and you use such Wiki Sites at your own risk.
Certain areas on ListAfterList.com may contain information and topics intended for mature audiences. Some of this information may not be suitable for children, young teenagers or to some adults, and you understand and agree that you review such areas and information at your own risk. You must be at least 18 years of age in order to access this content. You agree that we may, but we have no obligation, to take reasonable steps to regulate access to any content on ListAfterList.com that may be intended for mature audiences only.
14. INTERNATIONAL USE.
We make no representation that Content on LISTAFTERLIST.COM is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access LISTAFTERLIST.COM from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
We may offer from time to time services and products for a fee. You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchases. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for any purchases you make from LISTAFTERLIST.com using your payment method and for any paid feature of the service for which you choose to sign-up or use. Prices and availability of any products or services are subject to change at any time
16. USE OF SOFTWARE.
The software is a “commercial item,” as that term is defined in 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 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the United States and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
17. DISCLAIMER OF WARRANTIES.
We provide LISTAFTERLIST.COM “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of our services or the Content. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
18. LIABILITY LIMITATION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF LISTAFTERLIST.COM IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON LISTAFTERLIST.COM, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless us, our owners, employees, representatives and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Service.
21. GENERAL TERMS.
These terms make up the entire agreement between you and us regarding your use of the Service. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. You agree that the laws of Ohio govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Franklin County, State of Ohio, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these terms is unenforceable, the remainder of these terms will continue in force and effect.
Last updated: 8-31-06