Terms of Service

Welcome to ListSanity! ListSanity is a social utility that lets you create and share Lists, rank items and make your opinion known about anything you want.

The ListSanity service is provided by ListSanity Inc., and operates under the following Terms of Service (Terms). Please read the Terms of Service carefully, and email us at support@ListSanity.com if you have any questions. By accessing or using ListSanity.com or any of our mobile services you agree to be bound by these Terms and by our Privacy Policy, whether not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service.

These Terms were written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: July 1, 2012.

Sharing Your Content

You own all of the content and information you create on ListSanity and you can control how it is shared and accessed though your privacy and User Preferences/Settings. This includes all of the comments, selections, and images you List on the Site and is referred to as User Content.
Based on the account settings you select, you grant ListSanity a non-exclusive, royalty-free, sub-licensable, transferable, worldwide license to use, display, reproduce, List, modify, re-order, re-format, re-arrange and distribute your User Content on ListSanity for the purpose of operating and providing service(s) to you and to other ListSanity users.
When you publish content or information on ListSanity it means you are allowing everyone, including people off of ListSanity to access and use that information, and to associate it with you and your ListSanity user profile.
Following deletion or deactivation of your account, or if you purposefully remove any User Content from your ListSanity profile, ListSanity may retain your User Content for a reasonable period of time for archival or audit purposes. Furthermore, ListSanity users may continue to rearrange, re-List, modify and distribute any of your User Content that other Users have Listed to their own profile Lists or which you have posted to public or semi-public areas of the Service.

Safety

ListSanity will do its best to provide a safe online and social media environment for its users. To keep it a safe environment we have provided the following List of commitments.
You will not send or otherwise post unauthorized commercial communications (such as spam) on ListSanity.
You will not engage in unlawful multi-level marketing acts such as promoting a ponzi or pyramid scheme.
You will not bully or harass any user.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account by logging in as someone else.
You will not post content that is hateful, threatening or pornographic; contains nudity or graphic violence.
You will not use ListSanity to do anything illegal, unlawful, discriminatory or malicious in nature.
You will not engage in any activity that could disable or disrupt the proper working functions of ListSanity such as a denial of service attack.

ListSanity Content

Except for User Content, the Service itself, all content contained within the Service, and all Intellectual Property Rights in or related to ListSanity or any such content or other subject matter are the property of ListSanity and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the ListSanity content without our permission.
Subject to the terms and conditions of these Terms we grant your a license to use the Service, including accessing and viewing ListSanity Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, engage in parody and as expressly permitted by the features of the Service. ListSanity may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, ListSanity reserves all other rights and no other rights are granted by implication or otherwise.

Account Security

You will not provide false personal information or create an account for anyone other than yourself without permission on ListSanity.
You will not create more than one personal profile.
If we disable your account you will not create another one without our permission.
You will not sell your profile for commercial gain.
You will not use ListSanity if you are under 13.
You will not share your password, or let anyone else use your account.
If you select a username for your account we reserve the right to reclaim it if we believe it appropriate (i.e. trademark violation).

Protecting Rights

You will not post content that infringes on someone else’s rights or violates the law.
We can remove any content or information you post on ListSanity if we believe it violates this Statement.
If your content is removed you will have the opportunity to appeal.
If you continuously infringe on other peoples intellectual property rights we will disable your account.
You will not use ListSanity’s copyrights or Trademarks.
You will not post anyone’s identification documents or sensitive financial information.

Use of ListSanity

ListSanity is for personal use only and not for use by corporations or on behalf of corporations without express written permission.
You can use our services only if you can form a binding contract with ListSanity, and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
Use of ListSanity requires accurate and up to date complete contact information. We encourage you to use strong passwords to protect your account.
You are solely responsible for the activity the occurs on your account and you agree to keep your login and password information secure.

Changes to Service

In an attempt to improve the overall product we may alter the Service, by adding featuring, changing features or deleting features without notice.

8. Third Party Links, Sites and Services.

ListSanity may contain links to third party websites that are not controlled or owned by ListSanity. ListSanity does not endorse or assume any responsibility for any third party websites, products or services. If you access a third party website or service you d so at your own risk and agree that ListSanity will have no liability arising from your use of or access to any third party website, service or content.

Indemnity

You agree to indemnify and hold harmless ListSanity and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or ListSanity Content, (ii) your User Content, or (iii) your breach of any of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, LISTSANITY CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER LISTANITY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, LISTSANITY CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LISTSANITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LISTSANITY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. ListSanity makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Disclaimers

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LISTSANITY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LISTSANITY takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or ListSanity exclusively in a state or federal court located in Clark County. The laws of the State of Nevada will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Clark County, Nevada for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on ListSanity, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP LISTSANITY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING LISTSANITY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LISTSANITY WILL BE SAFE OR SECURE. LISTSANITY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR LISTSANITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR LISTSANITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LISTSANITY’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Please contact us at support@ListSanity .com with any questions regarding these terms.


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