Listastic Terms of Service
Listastic is an easy to use, collaborative list making application to help keep life in a little more order.
Please read these Terms of Service fully and carefully before using and the services, features, content or applications, including the Listastic application (the "Application") offered by McLean Mobile Solutions, Inc. These Terms of Service set forth the legally binding terms and conditions for your use of the Site, the Application and the Services.
1. Acceptance of Terms of Service.
a. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site or using the Application, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
c. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
To sign up for the Services, you must register for an account on the Services (an "Account") using an email address. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as an email address a name of another person with the intent to impersonate that person; or (ii) use as an email address a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password, secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by contacting us with a formal request.
a. Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
b. User Content All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content") is the sole responsibility of the person who originated such User Content. You represent that (i) all User Content provided by you is in compliance with all applicable laws, including those related to the intellectual property rights of third parties, (ii) you either are the sole and exclusive owner of your User Content or you have all the rights necessary to grant us the rights to such User Content under these Terms of Service, and (iii) there are no payments due of any kind to a third party through the use of your User Content through the Services. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
c. Notices and Restrictions The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
d. Use License Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for your personal, non-commercial use of the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
e. License Grant By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You are solely responsible for your interactions through the Services with other users. We are not liable for any uses of your User Content by any third party that had access to your User Content while such User Content was available on or through the Services.
f. Availability of Content We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
4. Listastic Application License
a. LicenseGrant Subject to your compliance with the terms and conditions of these Terms of Service, we grant to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install the Application on up to 10 devices that you own and control and run such cop(ies) of the Application solely for your internal personal use. You acknowledge that new versions of the Application may be provided at additional charge. Furthermore, with respect to any Application downloaded through the iTunes App Store, you will only use such application as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. We reserve all rights in the Application not expressly granted to you in these Terms of Service.
b. Restrictions Except as expressly specified in these Terms of Service, you shall not (i) copy or modify the Application, including, but not limited to adding new features or otherwise making adaptations that alter the functioning of the Application; (ii) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Application to any third party; or (iii) make the functionality of the Application available to multiple users through any means, including, but not limited to distribution of the Application or by uploading the Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such restrictions are expressly prohibited by statutory law. You will comply with any technical restrictions in the Application that allow you to use the Application only in certain ways.
c. Updates and Upgrades: No Obligation We are not obligated to maintain or support the Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that Listastic may from time to time in its sole discretion issue updates or upgrades to the Application. You agree that the terms and conditions of these Terms of Service will apply to all such updates or upgrades.
5. Rules of Conduct
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
b. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; ii. you know is false, misleading, untruthful or inaccurate; iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; vi. impersonates any person or entity, including any of our employees or representatives; or vii. includes anyone's identification documents or sensitive financial information.
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
You agree to indemnify, defend and hold harmless McLean Mobile Solutions, Inc our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneysŐ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
7. Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Georgia, United States.
You can contact us about these terms of service by emailing us at the address firstname.lastname@example.org