By using the Listphile.com web site ("Service"), a service of de Brun Design, Inc. ("Listphile") you are agreeing to be bound by the following terms and conditions ("Terms of Service" or "TOS").
Listphile reserves the right, at its sole discretion, to modify or replace any of the Terms of Service at any time. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Any new features that augment or 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 content to such changes.
Listphile respects the intellectual property of others, and we ask our members to do the same. Listphile does not pre-screen content that is entered or uploaded to the site, but Listphile and its designee and affiliates have the right in their sole discretion to refuse or remove any content from the site. Listphile claims no intellectual property rights over the material you add to the site. However, you agree to allow others to view and share your content for anything that is shared publicly. We encourage Listphile members to license their lists with a Creative Commons Attribution-Share/Alike license (http://creativecommons.org/licenses/by-sa/3.0/), but allow members to license their lists in any way that they choose. The Listphile Copyright Policy is available here.
Listphile does not endorse any user submitted content or any opinion, recommendation or advice expressed therein, and Listphile expressly disclaims any and all liability in connection with user submissions.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SWIVEL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK
You expressly understand and agree that Listphile, nor it's directors, employees, agents, partners, suppliers or content providers, shall not be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service or any content or user submissions (I) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (II) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (III) for any errors or omissions in any content or user submissions or for any loss or damage of any kind incurred as a result of your use of any content or user submissions posted, emailed, transmitted or otherwise made available on or through the service, or (IV) for any direct damages, (V) for statements, conduct or behavior of any third party on the service.
You shall defend, indemnify, and hold harmless Listphile, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Service by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Listphile reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Listphile in asserting any available defenses.
Listphile may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. You can also click on the "acct settings" link at the top of all Listphile pages once you are logged in, then click on the button labeled "I would like to delete my account" to delete your account. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Terms of Service document is licensed under a Creative Commons Attribution-Share/Alike 3.0 License (http://creativecommons.org/licenses/by-sa/3.0/). Some portions are derived from the Terms of Use provided by Swivel LLC (http://www.swivel.com/) and Dabble DB (http://www.dabbledb.com/).