effective date: 08/10/2019
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Liist Inc. (“we,” “us”, “company”, “Liist” or “our”), concerning your access to and the use of all our properties (websites, mobile applications, or otherwise) as well as any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site” or “Services”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Site is intended for users who are at least 18 years old or the age of majority in your jurisdiction, whichever is greater.
As a user, you are allowed to make use of the Services for your personal, informational, and non-commercial use only. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.
For use of the Services through the mobile application you will be asked to start an account and provide information about yourself. You warrant that all information submitted by you are truthful, complete, up-to-date and are kept updated, complete, and correct.
If you use a third-party authentication function offered through our Site (including, but not limited to Google and Facebook) you agree that we may access your profile image, your email address, your first name, and your last name. To manage the information that is shared through the account you for the authentication please refer to the third-party connection policies.
By using our Services, you acknowledge that we collect data of your self-created lists and associated texts, comments, photos, feedback, notes, ideas, know-how, or other information before, during, and after the provision of Services.
You may not access or use the Site and its Services for any purpose other than that for which we make the Site or its Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user you agree not to:
You are responsible for all activities occurring in your account. You agree to not disclose your password to anyone and you’ll notify us in case of any unauthorized use of your account.
If you decide to share content, the content will be publicly available through the generated link as long as the list is not deleted from your account. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. Please be careful what you share. When making submissions, your warrant that:
By posting your Contributions to any part of the Site ], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Unless otherwise specified we will not pay you or otherwise compensate you for your submissions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
You are not obligated to make available to us suggestions, comments, ideas, improvements, or feedback (“Suggestions”) in any other form related to the Site and its Services. We will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize your Suggestions in any manner and without credit, and without any form of compensation.
All trademarks that do not belong to us (including, but not limited to product names and logos) appearing on our Site are property of their respective owners.
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3).
Notification pursuant to the DMCA should be submitted to:
30E 14th Street
New York, NY 10003, USA
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
A DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. A DISPUTE WILL NEVER BE CONDUCTED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. AS YOU ACCESS AND USE THESE SERVICES YOU SIGNIFY YOUR EXPLICIT CONSENT TO THIS WAIVER.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
At any time, we reserve the right to refuse the service to anyone. We reserve the right, with or without notice, to terminate any license to the Service and to block or prevent any User’s future access to our Services for any time at any time and for any reason (including, but not limited to those defined in these Terms).
If, as a result of violating these terms, we take legal actions against you, we are entitled to recover from you. You agree to pay all reasonable attorney fees and costs of such actions in addition to any other relief granted to us.
In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than two years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
30E 14th Street
New York, NY 10003, USA