The following describes ListIt’s requirements for using our software and mobile services:
Welcome to ListIt. These Terms of Use govern your family’s use of ListIt and any ListIt software, including co-branded versions, downloaded from this Site or obtained elsewhere (the “Software”), and the services made available on the Site or through use of the Software (the “Services”). The Site, Software, and Services display advertisements. By using the Services or Software or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to the Terms of Use from time to time, and agree to allow advertisements to be displayed while you are using the Site, Software and/or Services. In addition, to the extent our Services require you to set up a family account with a password, if you are designated as the person who first registers for a Service, you agree to be responsible for ensuring that all users on your ListIt account comply with these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you do not agree to these Terms of Use, you should not use the Services or Software. These Terms of Use constitute a binding legal agreement between you and ListIt, Inc. (“ListIt,” “we,” “us,” and “our”). Please read them carefully before accessing or using the Site, the Software, or the Services.
ModificationsWe reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion, including the right to charge for the Software or Services. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, the Services or the Software to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software, and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.
RegistrationBy registering for any Service or maintaining an account, you agree that you are at least [x] years old. You agree to provide true, accurate, current, and complete information about yourself as prompted by any registration form for the Site, Services, or the Software (such information being the “Registration Data”), and you agree to 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 we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, or the Software. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; or (d) protect the rights, property, or personal safety of ListIt, its users, or the public.
You may become a registered user of the, Software, and Services at no cost. As a registered user, you will have the ability to participate in some, but perhaps not all, of the features and functionality available at the Software or as part of the Software and Services.
ContentThe Site, the Software, and the Services may allow you and other third parties to post data, text, code, help, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible by visitors to and members of the Site (“Public Content”). The Site and Services may also allow you to post data, text, code, help, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible only to you and other members specifically designated by you (“Private Content”); (Public Content and Private Content collectively, “User Content”). All User Content, whether publicly posted on or privately transmitted via the Software, or the Services, is the sole responsibility of the person from whom the User Content originated and not of ListIt, or its shareholders, directors, officers, or employees. ListIt may review and delete any User Content, in whole or in part, that in the sole judgment of ListIt violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will ListIt or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on User Content obtained through the Software, or the Services. It is your responsibility to evaluate the User Content available through the Services, or the Software. Although User Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any User Content.
Grant of Rights
Except as provided in our Privacy Policy, ListIt will not disclose your Private Content to third parties without your express written permission, or where we believe, in good faith, that the law requires us to disclose the information. If you use our Site, Software or Services to send, email or otherwise transmit any of your User Content to a third party, you grant to ListIt a royalty-free, world-wide, transferable license to use and reuse your User Content (or any portions or derivative works thereof) for such purpose. ListIt and its Partners reserve the right to display advertisements in connection with your User Content and to use your Public Content for advertising and promotional purposes. For more information on User Content, please review our Privacy Policy. You are responsible for your own User Content on the ListIt Site and the consequences of posting or publishing it. By uploading User Content to the ListIt Application you hereby represent and warrant that:
You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
You shall make such permissions available to ListIt upon request;
Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party; and
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of ListIt. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Site and the possibility of ListIt or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your Public Content will not be acknowledged, returned or held “in confidence” by ListIt or its Partners. We and our Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. We and our Partners have no obligation to inform you of any decision to remove or not post such materials.
We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or other rights, or these Terms of Use. While we prohibit offensive and unlawful conduct and content on our Application, you understand and agree that ListIt is responsible or liable for the User Content posted on the Site. You may be exposed to such materials and agree to use the ListIt Application at your own risk. ListIt reserves the right to discontinue any aspect of the ListIt services at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.