Terms of Service
Effective Date: June 18th, 2015
This software is provided by Listtee, Inc. (hereinafter “Listtee,” “we” or “us”), which provides
this website (the “Website”), the mobile application (the “App”, and together with the Website,
the “Products”) and the services, functionality data, information, tools, updates and similar
materials delivered or provided by Listtee (the “Services”) subject to your agreement to and
compliance with the conditions set forth in this Terms of Service Agreement (the “Agreement”).
This Agreement sets forth the legally binding terms and conditions governing your use of the
Products and the Services, and the use by the entity on whose behalf you sign up. If you do not
agree to these terms and conditions, you may not use the Products or the Services.
As long as you are in compliance with the conditions of this Agreement and all incorporated
documents, Listtee hereby grants you a limited, revocable, non-assignable, non-transferrable,
non-sublicensable, non-exclusive license to access and use the Products and Services and the
materials thereon that are intended to be displayed publicly. No rights not explicitly listed are
The following additional terms are incorporated into this Agreement as if fully set forth herein:
- Copyright Policy
- Complaint Policy (including Privacy and Trademark)
While we make reasonable efforts to ensure that the Products and Services remain available at all
times and function in accordance with their descriptions, we do not represent or warrant that
access to the Products or Services will be error-free or uninterrupted, and we do not guarantee
that users will be able to access or use the Products or Services, or their features, at all times.
Further, we do not guarantee that the Products or Services will function in accordance with third-
party requirements, including but not limited to rules and requirements set by Amazon, and
Listtee shall not be responsible for any consequences from any such non-compliance.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Products or the Services, or any part thereof, with or without notice.
The Products and Services may contain typographical errors or inaccuracies, and may not be
complete or current. We reserve the right to correct any such errors, inaccuracies or omissions
and to change or update information at any time without prior notice.
Although Listtee may review, edit, remove or modify information from or on the Products or
Services, it does not control the sources of this information, and does not guarantee the accuracy,
suitability, completeness, currency, quality, adequacy or applicability of any such information.
In addition, although we reserve the right to review, remove or edit any content from the site, we
do not routinely screen, monitor, or review the content on the Products or Services, including
representation made by users of the Products and Services. YOU AGREE THAT LISTTEE
SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON
ANY SUCH INFORMATION IS AT YOUR OWN RISK.
You must be over the age of 13 to register an account or use the Products or Services.
When you create an account on behalf of an entity, you represent and warrant that you are
authorized by said entity to create the account and to bind the entity to this Agreement and to
purchases and orders that may be made through that account.
SUBSCRIPTION AND FEES
When you subscribe to the Product or Services, you agree to pay the fees for your purchase
selection as outlined in the subscription page on the Product or Services.
We use a third-party payment processor (the “Payment Processor”) to bill you through an online
account for use of the Product and Services. The processing of payments will be subject to the
terms, conditions and privacy policies of the Payment Processor in addition to this Agreement.
We are not responsible for error by the Payment Processor.
You agree to pay us, through the Payment Processor, all charges at the prices then in effect for
any use of the Product and Services in accordance with the purchases you have made, and you
authorize us, through the Payment Processor, to charge your chosen payment provider (your
“Payment Method”). You agree to make payment using that selected Payment Method. We
reserve the right to correct any errors or mistakes that it makes even if it has already requested or
If you purchase a subscription, it may result in recurring charges to your payment card or
method, and you agree that Listtee may charge such amounts until such a time as your
subscription expires or you cancel the subscription, depending on the subscription type. WE
MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM
YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY
US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE
YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES
SUBMITTED BEFORE WE REASONABLY COULD ACT.
If you wish to cancel, upgrade or downgrade your subscription, you may do so at any time by
contacting us at firstname.lastname@example.org. Any charges incurred prior to cancellation or downgrade
are non-refundable. If you upgrade your subscription, you will be charged the difference in your
current subscription and the upgraded subscription at that time, and you will be charged the price
for the upgraded subscription on an ongoing basis until cancellation. If you downgrade your
subscription, you will be charged the reduced price at the beginning of your next billing cycle.
RULES OF CONDUCT
Your use of the Products and Services is conditioned on your compliance with the terms of this
Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use
of the Products or Services.
You agree not to distribute, upload, make available or otherwise publish through the Products, or
Services any suggestions, information, ideas, comments, causes, promotions, documents,
questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or
graphics, text, information, links, profiles, audio, photos, software, music, sounds, video,
comments, messages or tags, or similar materials (“Content”) that:
- is unlawful or encourages another to engage in anything unlawful;
- contains a virus or any other similar programs or software which may damage the
- operation of Listtee’s or another’s computer;
- violates the rights of any party or infringes upon the patent, trademark, trade secret,
copyright, right of privacy or publicity or other intellectual property right of any party; or,
- is false, inaccurate, fraudulent or misleading;
- is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of
privacy or publicity rights, abusing, harassing, threatening or bullying.
You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any
portion of the Products or Services. Further, you may not interfere with or disrupt the operation
of the Products or Services, including restricting or inhibiting any other person from using the
Products or Services by means of hacking or defacing. Transmitting to or making available in
connection with the Products or Services any denial of service attack, virus, worm, Trojan horse
or other harmful code or activity is prohibited. You may not attempt to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures without
proper authorization. Further, you may not take any action that imposes, or may impose, in
Listtee’s sole discretion, an unreasonable or disproportionately large load on Listtee’s
You are not licensed to access any portion of the Products or Services that are not public, and
you may not attempt to override any security measures in place on the Products or Services.
CONTENT SUBMITTED OR MADE AVAILABLE TO LISTTEE
You are under no obligation to submit anything to us, and unless otherwise noted, we will not
claim ownership of any Content. However, in order for us to provide the Products and Services,
we need your permission to process, display, reproduce and otherwise use content you make
available to Listtee.
Therefore, if you choose to submit any Content to the Products or Services, or otherwise make
available any Content through the Products or Services, you hereby grant Listtee a perpetual,
irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to
reproduce, use, modify, display, perform, distribute, translate and create derivative works from
any such Content, including without limitation distributing part or all of the Content in any
media format through any media channels. Notwithstanding the foregoing grant, as further
Services for the purpose of processing through or with the Services (such as information about
your orders and business operations) will be used by Listtee for the purpose of providing the
Products and rendering the Services to you and those you identify for sharing.
By submitting any Content or Submissions to Listtee you hereby agree, warrant and represent
proprietary or confidential information, and the provision of the Content and Submissions is not
a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and
Listtee shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are
not entitled to compensation or attribution from Listtee in exchange for the Submissions or
You acknowledge that Listtee is under no obligation to maintain the Products or Services, or any
information, causes, materials, Submissions, Content or other matter you submit, post or make
available to or on the Products or Services. We reserve the right to withhold, remove and or
discard any such material at any time. You are responsible for backing up your data at the times
of your choosing, and Listtee will not be responsible if your content is removed from Listtee and
you do not have any backups.
CONTENT SHARED THROUGH THE PRODUCTS OR SERVICES
You understand that by sharing information on the Products or Services, and requesting
information to be sent through the Products or Services, you may be revealing information about
yourself that you may include. You understand and acknowledge that you are fully aware and
responsible for the impact of sharing such materials, and you agree that Listtee shall not be held
responsible, and Listtee shall be released and held harmless by you from any liability or damages
arising out of such conduct.
OUR INTELLECTUAL PROPERTY
Listtee’s graphics, logos, names, designs, page headers, button icons, scripts, and service names
are trademarks, trade names and/or trade dress of Listtee. The “look” and “feel” of the Products
and Services (including color combinations, button shapes, layout, design and all other graphical
elements) are protected by U.S. copyright and trademark law. All product names, names of
services, trademarks and service marks (“Marks”) are the property of Listtee or the property of
their respective owners, as indicated. You may not use the Marks or copyrights for any purpose
whatsoever other than as permitted by this Agreement.
PASSWORDS AND ACCOUNTS
You are responsible for controlling the access to and use of your account. Always make sure that
your password is kept as confidential. You understand and agree that Listtee may assume that
instructions from an individual associated with your account are authoritative and should be
acted upon by Listtee. Listtee is not responsible for any unauthorized access to your account or
profile, and any ramifications of such access, and is not required to take action to disable any
You agree that you will not bring an action against Listtee arising out of or related to any
claimed unauthorized access using your account credentials. Under confirmed unauthorized use
circumstances, Listtee may take reasonable efforts with reasonable speed, to disable, lock or
otherwise address your situation. In the event that you would like to report a breach, please
contact support@Listtee.com with the term “Account Breach Notice” in the subject line.
AFFILIATE MARKETING PROGRAM
Listtee may provide an affiliate marketing program (the “Marketing Program”), under which
Listtee may pay third-parties to refer internet traffic to Listtee. The Marketing Program may
further pay third-parties certain additional recurring fees if users referred by such third-party to
Listtee subscribe to the Products or Services.
If you participate in the Marketing Program, you will be required to sign-up through a third party
to this Agreement, such terms will apply to your participation in the Marketing Program.
Notwithstanding anything to the contrary in such terms or this Agreement, Listtee may terminate
you from the Marketing Program at any time, for any reason or no reason at all. Effective
immediately upon termination, Listtee shall have no further obligation to pay to you any referral
marketing fees or subscription revenue share for new users or traffic referred by you to Listtee.
ENFORCEMENT AND TERMINATION
Listtee reserves the right to deny all or some portion of the Products or Services to any user, in
Listtee’s sole discretion, at any time.
If Listtee terminates your access without cause, and you are a paying subscriber, Listtee will
issue you a pro-rata refund for any pre-paid but unused period of time. You will not be entitled to
a refund or reimbursement of any kind if Listtee terminates your account for cause.
Without limiting the foregoing or assuming additional legal obligations, Listtee has a policy of
terminating repeat violators of the Copyright Act, in accordance with applicable law.
All grants of any rights from you to Listtee related to Content, Submissions, or other materials,
including but not limited to copyright licenses, shall survive any termination of this Agreement.
Further, your representations, defense and indemnification obligations survive any termination of
DISCLAIMERS AND LIMITATION ON LIABILITY
BY USING THE PRODUCTS AND SERVICES YOU AGREE AND ACKNOWLEDGE
THAT LISTTEE PROVIDES THE PRODUCTS AND SERVICES “AS IS” AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LISTTEE,
ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS,
MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY,
MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR
INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LISTTEE SHALL
CREATE ANY WARRANTY.
USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. LISTTEE DOES
NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCTS OR
SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE
PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT
DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCTS OR SERVICES ARE FREE
OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LISTTEE,
ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE
“RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE
PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE
RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR
USE OF THE PRODUCTS OR SERVICES, EVEN IF LISTTEE AND/OR RELATED
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are
not enforceable, then you agree that neither Listtee nor any of its subsidiaries, affiliated
companies, employees, members, shareholders, or directors shall be liable for (1) any damages in
excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or
loss of use, lost revenue, lost profits or data to you or any third party from your use of the
Products or Services. This limitation shall apply regardless of the basis of your claim or whether
or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold Listtee and its suppliers, subsidiaries, licensors, and
licensees, and each of their officers, directors, shareholders, members, employees and agents
harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses,
including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation
arising out of or based on (a) Submissions or Content you submit, post to or transmit through the
Products or Services (b) your use of the Products or Services, (c) your violation of the
Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state,
federal or common law, or is violative of the rights of any individual or entity, engaged in,
caused by, or facilitated in any way through the use of Products or Services.
DISPUTES, GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute arising out of or relating in any way to your use of the
Products or Services or any service provided by Listtee, will be resolved solely and exclusively
by binding arbitration, rather than in court, except that you may assert claims in small claims
court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this
agreement. The laws of the State of New York shall govern this Agreement, and shall be used in
any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and relief as a court
(including injunctive and declaratory relief or statutory damages), and must follow the terms of
this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing
your claim to the following address:
Listtee, Inc., c/o CSC, 2711 Centerville Rd., Suite 400,
Wilmington, DE 19808.
Arbitration under this Agreement will be conducted by the American Arbitration Association
(AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will
be governed by the AAA’s rules.
You and Listtee agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration, both you and Listtee agree that parties have each
waived any right to a jury trial.
Notwithstanding the foregoing, you agree that Listtee may bring suit in court to enjoin
infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to
the Services, or to Listtee, may only be brought by you in a state or federal court located in New
York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS
INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION
AND VENUE IN NEW YORK.
POLICIES FOR CHILDREN
The Products and Services are not directed to individuals under the age of 13, nor do they
contain information which would be potentially harmful to minors. In the event that Listtee
discovers that a child under the age of 13 has provided personally identifiable information to us,
we will make efforts to delete the child’s information in accordance with the Children’s Online
Privacy Protection Act. Please see the Federal Trade Commission’s Products for (www.ftc.gov)
for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby
notify you that parental control protections are commercially available to assist you in limiting
access to material that is harmful to minors. More information on the availability of such
software can be found through publicly available sources. You may wish to contact your internet
service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or
unenforceable, then that provision will be given its maximum enforceable effect, or shall be
deemed severable from this Agreement and will not affect the validity and enforceability of any
Revisions. This Agreement may only be revised in a writing signed by Listtee. In the event that
Listtee updates this Agreement and you are made aware of the update, your continued use of the
Products or Services after the update shall constitute an agreement to the updated terms.
No Partnership. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Listtee as a result of this Agreement or your use of the
Products or Services.
Assignment. Listtee may assign its rights under this Agreement, in whole or in part, to any person
or entity at any time with or without your consent. You may not assign the Agreement without
Listtee’s prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed
to be a present or future waiver of such provision, nor in any way affect the right of any party to
enforce each and every such provision thereafter. The express waiver by us of any provision,
condition or requirement of this Agreement shall not constitute a waiver of any future obligation
to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that Listtee would be irreparably damaged if the terms of
this Agreement were not specifically enforced, and therefore you agree that we shall be entitled,
without bond, other security, or proof of damages, to appropriate equitable remedies with respect
to breaches of this Agreement, in addition to such other remedies as we may otherwise have
available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by
reference, constitutes the entire agreement between you and Listtee with respect to the Products
and Services, and supersedes all prior or contemporaneous communications, whether electronic,
oral or written.
If you believe in good faith that any material posted on our Products or Apps infringes the
copyright in your work, please contact our copyright agent, designated under the Digital
Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing
- A physical or electronic signature of the owner, or a person authorized to act on behalf of
the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material
that is claimed to be infringing;
- Information reasonably sufficient to permit us to contact you;
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and,
- A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
You acknowledge that if you fail to comply with all of the requirements of this policy, your
DMCA notice may not be valid. For any questions regarding this procedure, or to submit a
complaint, please contact our designated DMCA Copyright Agent:
Listtee, Inc., c/o CSC
2711 Centerville Rd., Suite 400
Wilmington, DE 19808
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Products of Apps infringes any of
your rights other than in copyright, or is otherwise unlawful, you must send a notice to
email@example.com, containing the following information:
- Your name, physical address, e-mail address and phone number;
- A description of the material posted on the Site that you believe violates your rights or is
otherwise unlawful, and which parts of said materials you believe should be remedied or
- Identification of the location of the material on the Site;
- If you believe that the material violates your rights, a statement as to the basis of the
rights that you claim are violated;
- If you believe that the material is unlawful or violates the rights of others, a statement as
to the basis of this belief;
- A statement under penalty of perjury that you have a good faith belief that use of the
material in the manner complained of is not authorized and that the information you are
providing is accurate to the best of your knowledge and in good faith; and,
- Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the
submission, and if appropriate, in our sole discretion, we will take action. We may disclose your
submission to the poster of the claimed violative material, or any other party.