Listly Terms of Service
Last updated: June 1, 2013.
PLEASE READ THE TERMS OF SERVICE SET FORTH BELOW (“TERMS OF SERVICE”) CAREFULLY. THESE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT
TO THIS WEB SITE. BY USING THE LISTLY WEB SITE OR ANY SERVICES OF BOOMY LABS OFFERED THROUGH THIS WEB SITE (TOGETHER, THE “SERVICE”),
YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEB SITE.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BOOMY LABS, STATING THE TERMS THAT GOVERN YOUR USE OF THE SERVICE AND ANY AFFILIATED SERVICES.
IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT USE THE SERVICE.
Please visit us frequently and browse our pages, subject to the Terms of Service set forth below. Violation of any of the terms below will result in the termination of your account.
Changes to the Terms of Service and the Web Site
- Boomy Labs reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service,
including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall
constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://list.ly/pages/terms.
Customers are encouraged to review the Terms of Service on a periodic basis for modifications.
- Boomy Labs inc. reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice
to you, and Boomy Labs inc. will not be liable to you or to any third party should it exercise such rights.
- You must be 13 years or older to use this Service
- We will automatically create an account for you using Twitter or Facebook OAuth process when you use the Sign In With Twitter or Facebook functionality on the site
- You must provide your legal full name, a valid email address, and any other information for activities that require additional information
- Accounts registered by "bots" or automated methods are not permitted
- You are responsible for maintaining the security of your account and password. Boomy Labs cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have access to your account)
- You agree not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected the Service)
- Your profile, lists, reviews, and tweets are assumed to be public, even if the current user interface may not show them on your profile
- In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility
- The Service is controlled and operated by Boomy Labs. from its offices in the California, United States. You agree to comply with all local, state,
federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service
- Boomy Labs assumes no responsibility to update the Service or keep information current or to ensure the accuracy or completeness of any content
on the web site. Accordingly, you should confirm the accuracy and completeness of all content before making any decisions in reliance on
such content. Boomy Labs is not responsible for typographical errors found on the Service
- Boomy Labs does not warrant, endorse or assume any liability for third-party materials, content, software or websites,
sincluding issues of accuracy, infringement
- Boomy Labs is solely responsible for maintenance and support services to Listly services, and not to any third-party services or products
- You understand that Boomy Labs uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, and will not assume liability for the failure or discontinuation of these necessary vendor services
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Listly, or any other Boomy Labs service
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages
- You must not transmit any worms or viruses or any code of a destructive nature
- Boomy Labs does not warrant that (i) the Service will meet your specific requirements, (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 products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected
Modifications to the Service and Prices
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Listly Site
- Boomy Labs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service
Cancellation and Termination
- You are solely responsible for properly canceling your account. You must send an email to email@example.com requesting cancellation of your account
- Boomy Labs does not accept any liability for loss of content due to account cancellation
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Boomy Labs customer, employee, member, or officer will result in
immediate account termination
- Boomy Labs, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service,
or any other Boomy Labs service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account
or your access to your account, and the forfeiture and relinquishment of all content in your account. Boomy Labs reserves the right to refuse service to
anyone for any reason at any time
Copyright and Content Ownership
- The Service, including but not limited to products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software
used to implement the Service, contains proprietary information and material that is owned by Boomy Labs and/or its licensors, and is protected by
applicable intellectual property and other laws, including but not limited to copyright. Without the express written permission of Boomy Labs, you agree
not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, including the look and
feel of the Service, the HTML/CSS and visual design elements. “Listly” is a trademark of Boomy Labs under the applicable laws of the United States
and other countries
- We claim no intellectual property rights over the material you provide to the Service. However, you agree: (i) that by providing such material to the Service
you grant Boomy Labs a perpetual, royalty-free license to use and display such material on the Service in accordance with these Terms of Service;
(ii) to allow others to view your content upon signing up for the Service
Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto)
from this web site by contacting Listly’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or
the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL
or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner
or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Listly’s agent for copyright issues relating to this web site is as follows:
Copyright agent, Boomy Labs, 2051 Junction Ave. Suite 218, San Jose, CA 95131 or firstname.lastname@example.org
In an effort to protect the rights of copyright owners, Boomy Labs reserves the right to terminate, in appropriate circumstances, users and account holders of
this web site who are repeat infringers.
- You agree not to post any fraudulent, pornographic or otherwise illegal content on the website or otherwise use the Service for any illegal
or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Boomy Labs reserves the right not to post or publish any materials, and to delete, remove or edit any material, at
any time in its sole discretion without notice or liability.
- Boomy Labs has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise
available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Boomy Labs deems appropriate.
- Boomy Labs does not pre-screen content, but we may, but have no obligation to, remove content and accounts containing content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party's intellectual property or these Terms of Service.
- These Terms of Service constitute the entire agreement between you and Boomy Labs and govern your use of the Service, superseding any prior
agreements between you and Boomy Labs. You also may be subject to additional terms and conditions that may apply when you use affiliate services,
third-party content, or third-party software.
- If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law
to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Boomy Labs's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other
provision of these Terms of Service.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force
and effect. Boomy Labs will not be responsible for failures to fulfill any obligations due to causes beyond its control.
- The failure of Boomy Labs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or
provision. The Terms of Service constitutes the entire agreement between you and Boomy Labs and govern your use of the Service, superseding any prior
agreements between you and Boomy Labs (including, but not limited to, any prior versions of the Terms of Service).
- The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the
Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or
dispute with Boomy Labs or relating in any way to your use of the Service resides in the courts of the State of California.
Limitation of Liability and Indemnification
- IN NO CASE SHALL Boomy Labs, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY
WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING (I) THE USE OR INABILITY TO USE THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA 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 SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
Boomy Labs'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Boomy Labs DOES NOT REPRESENT OR GUARANTEE
THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Boomy Labs DISCLAIMS ANY
LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.
- BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD Boomy Labs, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS,
AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY Boomy Labs
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Boomy Labs, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND
LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE
SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Boomy Labs’S CONCLUSION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Questions about the Terms of Service should be sent to email@example.com
Last updated: June 1, 2013.