Terms of Service
Welcome to List’m!
By using the List’m app you agree to be bound by these Terms. They are a legal agreement between you and Listem, LLC. We welcome any questions you may have at firstname.lastname@example.org. When you create a List’m account or use List’m, you agree to these terms.
List’m is a digital platform operated by Listem, LLC. (“List’m”, “Listem, LLC, “we”, “us”, or “our”). We offer a service for organizing and saving information for personal use, for sharing information and/or collaborating with a select group, for connecting with other users and/or for making information public. Additionally, List’m provides you with access to information shared or made public by other users. The following terms and conditions (the “Terms”) form a binding agreement between you and us.
2. Access to List’m
You may use the Services only if you agree to form a binding contract with List’m and are not a person barred from receiving services under the laws of your applicable jurisdiction. You must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
3. Community Guidelines
As an application with the ability to connect with others, we have Community Guidelines to help us a) establish and maintain a digital environment that is safe, b) provide a good experience for our users, and c) work toward a more positive and respectful digital world. By using List'm, you agree to follow these Guidelines or risk losing your access to our Services.
We believe in freedom of opinion and expression, and we hope List’m provides a forum where everyone is comfortable sharing lists. We are not a place to voice hate or be abusive.
We do not tolerate hate speech, incitement or encouragement of violence, discrimination, or any behavior that is prohibited by law.
We do not tolerate any content or behavior that could be harmful to minors.
We do not tolerate abusive behaviors such as bullying, stalking, or harassment.
We do not tolerate obscenity or pornography.
We do not tolerate distributing or disseminating illegal materials
List’m will remove content of which we are made aware that violates any policy above and terminate access to any user responsible for violations. Our services provide users with the ability to flag comments to list owners, provides list owners with moderation tools, and allows users to report a violation by sending an email to email@example.com. We reserve the right to contact authorities regarding illegal activity perpetrated on List’m.
4. Use of the Services
You are responsible for your use of the Services and for any consequences thereof.
We want to optimize your experience, so the Services that List’m provides are always evolving and may change occasionally without prior notice to you. In addition, List’m may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We retain the right to create limits on use and storage.
As a digital platform, List’m may experience planned and unplanned downtime. We offer no guarantees or Service Level Agreements with respect to service uptime.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use strong passwords that use a combination of upper and lower case letters, numbers and symbols with your account. List’m cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree not to, and represent and warrant that you will not:
Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the App or Services; (b) your use of the App or Services, or (c) your access to the App or Services, for any purpose other than for which the App or Services are being provided to you;
Conduct or promote any illegal activities while using the app or Services, including fraud or money laundering;
Upload, distribute or print anything that may be harmful to minors;
Attempt to reverse engineer or jeopardize the correct functioning of the App or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the App or Services;
Attempt to gain access to secured portions of the App or Services to which you do not possess access rights;
Upload or transmit any form of malicious code, malware, virus, worm, or Trojan horse;
Use the App or Services to stalk, harass or harm another individual;
Use any high volume automatic, electronic or manual process to access, search, extract, “screen scrape”, “mine”, or harvest information from the App or Services (including without limitation robots, spiders or scripts);
Interfere in any way with the proper functioning of the App and Services or interfere with or disrupt any servers or networks connected to the App or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Services; or
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or create a group which you do not have authority to represent.
5. Content You Consume
Content from other Users will be made available to you through List’m and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users and other third parties or violation of any third party rights related to such content.
Any use or reliance on any Content or materials posted via the App or the Services or obtained by you through the Services is at your own risk. All Content is the sole responsibility of the person who originated such Content. We do our best to monitor the Content to prevent unlawful, hateful, violent, or abusive Content, however, we cannot take responsibility for such Content.
The App and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the App and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the App or Services.
6. Content you mark as private.
The Services include the ability to individually control access to the information in your lists. While well-meaning users will not be able to access content you designate as “Private - Only Me”, we cannot guarantee against hacking and advise against including personal information, such as passwords and identity information in lists. While we will not use your private information for distribution or any gain, as it is part of the data of the app, List’m employees may in the course of their regular duties, see content marked as “Private”. All reasonable attempts, which do not interfere with the functioning of the app, will be made to ensure your “Private” lists remain private. List’m is not responsible for any third party breaches or abuses of your content regardless of its access designation.
7. Content you share with others by making Content Public, assigning it to a Collaborative group or sharing with Connections.
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.
We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this to us at firstname.lastname@example.org
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content. List’m will never display, distribute or publish your content beyond the scope in which you shared it. On occasion, List’m may promote your Public content to users who might find it interesting or beneficial. By making a list Public, users will have the ability to follow said list and will see any changes you make.
9. Disclaimers and Limitations of Liability
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Service by accessing this App. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the App and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
To the extent permitted under applicable laws, you hereby release List’m from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any User of the Services, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Registered User; (c) any loss or damage caused by Content posted on the Services or transmitted by and to Registered Users, or any interactions between users of the Apps and/or Registered Users, whether online or offline; (d) your transportation to or from, attendance at, or the actions of you or other persons at, Events; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Visitor or Registered User communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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."
You agree to indemnify, defend and hold harmless List’m, our parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the App or Services, including any Lists you participate in (except to the extent prohibited by law), or, if you are an Owner, your Lists and/or Events; (ii) your violation of these Terms of Service; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the App or Services; (v) any planned or unplanned system downtime.
THIS APP AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APP ARE PROVIDED BY List’m “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. List’m MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APP OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS APP, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK.
We make no warranty that the App or Services will meet your requirements, or that the App and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the App or Services, or that defects in the App or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the App, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Service.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE APP AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE APP OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY APPS OR ANY OTHER APP LINKED TO OUR APP. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY OTHER REGISTERED USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS APP OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE TOTAL AMOUNT YOU PAID IN SUBSCRIPTION FEES MINUS COMMISSIONS TO THE APP STORE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER USERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY REGISTERED USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR, OR TAKE ANY APPROPRIATE ACTION REGARDING, DISPUTES THAT YOU MAY HAVE WITH MEMBERS OR OTHER USERS OF THE APP.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances WILL WE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and List’m will be governed by the laws of the State of New Jersey, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Service, or your use of the app or Services must be instituted exclusively in the federal or state courts located in New Jersey and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Service are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Service to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Service constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
10. Revisions, Disputes, Enforcement
We may change, add, or delete portions of these Terms from time to time. We will attempt to notify you of any such material changes by posting a notice of the changes in our app, on our website, or via email.
List’m may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. We will provide you with notice of any repeat charges based on your payment selections, and retain the right to discontinue paid-for features if your payment method expires.