Acceptance of the Terms
In order to use Listanza Services, agreement of the Terms is required. Use of the Services is not permitted without acceptance of the Terms.
Terms can be accepted by:
1. Clicking to accept or agree to the Terms, where the option is made available for any Service; or
2. By use of the Service. It will be understood that your use of the Service implies acceptance of the Terms by you.
The Services may not be used if:
1. You are not of legal age to form a binding contract with Listanza, or
2. You are a person barred from receiving the Services under the laws of countries in which you are resident or from which you use the Services.
Before continuing, please print off or save a local copy of these Terms and keep for your records.
Provision of the Service by Listanza
Any Service provided by Listanza! may change from time to time without prior notice to you.
Listanza may stop the Service (or any features within the Service), either permanently or temporarily, without prior notice to you. You may stop using the Services at any time and without notice to Listanza.
Listanza disables your account, you may also be prevented from accessing any of the Services or any files or other content which may be contained within your account.
Although currently there may not be any limit set on the number of transmissions you may send or receive through any of the Services or on the amount of storage space used for the provision of any Service, such limits may be set by Listanza at any time and at Listanza's discretion.
Use of the Services
You acknowledge that any registration information you provide to Listanza is accurate, correct and up to date.
You agree to use the Service only for purposes that are permitted by:
1. The Terms and
2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) any Service by any means other than as provided by Listanza. You specifically agree not to access (or attempt to access) any Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service.
You agree that you will not engage in any activity that interferes with or disrupts any Service, related server or network.
Reproduction, duplication, copying, selling, trading or reselling of any Services for any purpose is strictly not permitted without a separate agreement for such from Listanza.
Listanza has no responsibility to you or to any third party for any breach of your obligations under the Terms or for any consequences of any such breach.
Your passwords and account security
You agree to maintain the confidentiality of passwords associated with any account you use with Listanza.
You agree that you will be solely responsible for any and all activity that occurs under your account.
Content in the Services
Content presented as part of the Service, including but not limited to advertisements in the Service or sponsored Content within the Service may be protected by copy rights which are owned by the sponsors or advertisers who have provided such Content to Listanza. You may not modify, rent, lease, loan, sell, distribute or create derivative works, in any way, based on such Content.
Listanza reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
Listanza has no responsibility to you or any third party for any Content that you create, transmit or display while using the Service or for the consequences of such actions.
Listanza owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Services.
Without written agreement with Listanza, nothing in the Terms shall imply or give a right to use any of Listanzaâ€™s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features, by you.
You shall not remove, obscure, or alter any proprietary rights notices, including copyright and trade mark, which may be contained within or associated with the Service.
You are not permitted use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Listanza
With these Terms, Listanza provides for a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services as provided to you by Listanza, herein referred to as the â€œSoftwareâ€. This license is for the sole purpose of enabling you to use the Services as provided by Listanza, in accordance to the Terms.
Listanza does not permit anyone to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
Content license from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give Listanza a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Service.
This license includes a right for Listanza to make such Content available to other companies, organizations or individuals with whom Listanza has relationship with for the purpose of syndicated services, and to use such Content in connection with the provision of those services.
Listanza, in providing the Services, may;
1. Transmit or distribute your Content over various public networks and in various media; and
2. Make changes to your Content such as are necessary to conform or adapt that Content to the technical requirements of connecting networks, devices, services or media.
You confirm and warrant that you have all the rights, power and authority that is necessary to grant such license as stated above.
Ending your relationship with Listanza
The Terms will continue until terminated by either you or Listanza as set out below.
If you wish to terminate your legal agreement with Listanza, you may do so by;
1. Notifying Listanza at any time and
2. Closing your account(s) for all of the Service(s) which you use, where this option is made available.
Listanza may at any time, terminate its legal agreement with you if:
1. You have breached any provision of the Terms; or
2. Listanza is required to do so by law; or
3. A partner with whom Listanza offered the Service(s) to you has terminated its relationship or ceased to offer such Services; or
4. Listanza is no longer providing the Service(s) in the country in which you are residing or from which you use the service; or
5. The provision of the Service(s) to you is, in Listanzaâ€™s opinion, no longer commercially viable.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LISTANZAâ€™S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CERTAIN JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE, HOWEVER CAUSED, BE IT BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
USE OF THE SERVICE(S) WILL BE AT YOUR OWN RISK AND ARE PROVIDED "AS IS" AND â€œAS AVAILABLE.â€
LISTANZA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
1. THE SERVICES WILL MEET YOUR REQUIREMENTS,
2. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
3. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY DOWNLOADED OR OTHERWISE OBTAINED MATERIAL THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LISTANZA, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING MAY APPEAR ON THE SERVICES;
(b) ANY CHANGES WHICH LISTANZA MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE;
(c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(d) YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION;
(e) YOUR FAILURE TO MAINTAIN YOUR PASSWORD OR ACCOUNT DETAILS IN A SECURE AND CONFIDENTIAL MANNER;
Copyright and trade mark
Listanza!, Listanza.com, the Listanza! logo and other Listanza! owned trade-marks are registered and unregistered trade-marks and trade names owned by or licensed to Listanza. Other product and company names and logos may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively known as "Marks") is strictly prohibited. Nothing shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks.
Listanza is not responsibility for the content and representations located on any web site or Service linked to Listanza.com
Listanza is not responsibility of hyperlinks to other web sites or content or resources.
Changes to the Terms
Listanza may, from time to time, make changes to the Terms. Any new Terms will be made available to you from within, or through, the affected Service(s).
Use of the Service after the date on which the Terms were changed, implies acceptance of the new or changed Terms.
October 04, 2010