Listpapa.com TERMS OF USE AGREEMENT

 

THIS AGREEMENT WAS LAST UPDATED ON 1st February 2012.

 

Please read the following terms and conditions carefully, as this agreement governs your use of listpapa (www.Listpapa.com and Listpapa.com) (THE WEBSITE). By using the website, you acknowledge and signify that you have read, understood and agreed to be bound by this agreement. This agreement exempts listpapa, its owners, officers, employees, directprs, licensors and all related parties from liability. This agreement contains other important provisions that you should read. If you do not agree to these terms and conditions, please exit the website. Listpapa may, at its absolute discretion, change, modify, add or remove portions of the following terms and conditions, at any time, for any reason. Although we will make every effort possible to post a notice of such changes to this agreement on our website, we do not guarantee this and you agree that your continued use of the website means you are aware of, have understood, and have agreed to any such changes.

 

1. USER AGREEMENT

 

This agreement constitutes your agreement with Listpapa. ("Listpapa", "Us") with respect to your use of the website, currently located at www.Listpapa.com (the "Website") including, without limitation, your access to and use of all of the content, features, databases, products and services available on or through the Website, and all posts, submissions, communications and other interactions made or engaged in on or in relation to the Website.

 

As used in this Agreement, "we" and "us" means Listpapa or any successor or assign of Listpapa. Each time you use the Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement.

 

1. You understand that Listpapa will establish a "User Account" for you, and you will obtain a username and a password. You are not entitled to more than one User Account. If Listpapa finds out or determines that you have more than one user account, Listpapa reserves the right to delete any user account which applies to you without a warning. In a case where Listpapa deletes your user-account for the reason stated in this paragraph, you will lose any moneys owed to you by Listpapa or by any other third party user of Listpapa. You will lose any points, scores and / or recommendations that have been made to your user profile.

 

 

 

2. By using the Website, you represent, warrant and covenant that you have reached the age of 13 (thirteen) in your jurisdiction of residence.

 

3. The Website is intended to enable users to exchange read, comment, reply to, bid on, negotiate, buy, sell information shared by any user. Information can include, without limitation to, leads, analyses, research, recommendations, judgement, mathematical computations, proof-reading assignmentes, essays, literature, guides, methodical documentation, ideas, suggestions and such. In this agreement, the word Information refers to any data that is submitted by any user on this Website.

 

4. If you are a seller or provider of information, for consideration or for no consideration

 

ALL OF THE INFORMATION YOU SUBMIT THROUGH THE WEBSITE MUST BE TRUE, ACCURATE AND COMPLETE. You represent, warrant and covenant that any information that you provide on the Website will be true, accurate and complete. If any inforation is or becomes inaccurate, misleading or false, you agree that you will a) immediately notify Listpapa, and take whatever steps are necessary for that information to cease to be inaccurate, misleading or false. b) immediately notify any party that is in negotiation with you as a potential buyer regarding the information becoming inaccurate, misleading or false, and take whatever steps are necessary for that information to cease to be inaccurate, misleading or false. c) immediately notify any party that has previously entered into a sales contract with you for such information that you have identified as being inaccurate, misleading or false, and take whatever steps are necessary for compensating such a party for whatever damages that the party may have incurred due to the such information, including but not limited to financial, emotional damages, whether or not these damages are a direct or indirect result of the information you have provided, and without regard to the value or the consideration for which such information was sold to a buyer. d) immediately notify any party that has or may have accessed such information for no consideration, that you have identified such information as being inaccurate, misleading or false, and you agree you will take whatever steps are necessary for compensating such a party for whatever damages that the party may have incurred due to the such information, including but not limited to financial, emotional damages, whether or not these damages are a direct or indirect result of the information you have provided.

 

You represent that you are legally eligible to provide information to users on the Website, and that by providing such information you are not breaking any laws of the jurisdiction in which you reside at the time of making such information available.

 

You warrant that you own all rights to any information that you upload on the Website and waive Listpapa's responsibility in this regard. You also agree that in case of any event where there is a disagreement regarding your rights to use, access or exchange any information, you will immediately ensure that such information is not available on Listpapa any more and that you are solely responsible for continually ensuring that you have the necessary rights to exchange such information in the future.

 

You warrant that Listpapa may use any information that you upload on the Website in whatever way we deem fit, which includes, but is not limited to, displaying such information on the Website, or making it available to third parties such as colleges, universities, corporations, law enforcement, and such. You further agree that in cases where you are charging a fee for Users to access information that you provide, Listpapa reserves the right to provide such information to third parties for free or for a fee payable to Listpapa, one calendar year from the date you make such information available on Listpapa Website. You represent and warrant that you have the right to grant such Submissions to Listpapa, and you automatically grant (or warrant that the owner of the information grants) to Listpapa and its successors and assigns, a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use the information. If you comunicate to Listpapa, a disagreement regarding Listpapa's rights to use, access or trade in any information that you provide, Listpapa will make an effort to contact you via electronic mail (email) using the most current email address on your profile, and make an effort to neogotiate an amicable settlement, and where a settlement is not reached within 7 (seven) business days of Listpapa's first communication of offer via email, Listpapa reserves the right to use such information without reaching any settlememt that is acceptable to you.

 

You hereby immediately agree to waive Listpapa of all liability that you or parties who you interact with may incur, where such liabilty incudes but is not limited to financial losses, lawsuits, legal costs, emtional distress, and such, and whether these liabilities are directly or indirectly a result of information you provide on the Website or outside of it, and whether or not you are involved in the exchange of such information for consideration or for no consideration.

 

5. If you are a buyer or consumer of information, for consideration or for no consideration

 

You agree that Listpapa does not have means to verify the authenticity, factual integrity, quality or any other attributes of any information that you buy or consume. You hereby agree that you do not hold Listpapa responsible for any information that you consume or buy on Listpapa, whether such information is provided to you on the Website or outside of it, and whether such information is provided to you for a consideration or for no consideration.

 

You agree to uphold to your best ability, your financial commitments and agreements with Users who agree to provide information to you for a consideration. You hereby agree and understand that any agreement you enter into with another user to buy information from that User constitutes an agreement between you and that User and not between you and Listpapa, except for that portion of the consideration that constitutes the commission payable by you to Listpapa in relation to such a transfer of information.

 

You agree that Listpapa may change the commission rate charged on all transfers of information between you and the User maing such information available for consideration. You agree that Listpapa is not obliged to inform you specifically of an increase or decrease in the commission rate charged by Listpapa, and that you will be made aware of the existing commission rate effective at the time of any information exchange only when an agreement is reached between you and the User who is offering the information to you for consideration.

 

You hereby immediately agree to waive Listpapa of all liability that you or parties who you interact with may incur, where such liabilty incudes but is not limited to financial losses, lawsuits, legal costs, emtional distress, and such, and whether these liabilities are directly or indirectly a result of information you provide on the Website or outside of it, and whether or not you are involved in the exchange of such information for consideration or for no consideration.

6. Right to Use

 

The Website may be accessed and used only by individuals who have accepted and agreed to this Agreement,

 

If you are a Registered User of the Website, your User Account is for your personal use only, your User Account cannot be used by third parties, and you cannot transfer or assign your User Account to any other person. Also, you agree that you will not maintain or register for more than one User Account.

 

Listpapa may, at its absolute discretion, refuse to permit you to access and use the Website, or to access and use any portion of the Website.

 

Your right to use the Website is subject to any limitations, conditions and restrictions established by Listpapa from time to time, in our absolute discretion. Listpapa may alter, suspend or discontinue any aspect or use of the Website at any time. Listpapa may, without cause, notice or liability, at its absolute discretion, and at any time, impose limits and additional restrictions on your use the Website, including your ability to access to all or part of the Website.

 

You hereby acknowledge that Listpapa has no obligation to screen the users of the Website, that you assume all of the risk and liability associated with your use of the Website (including any online or offline encounters that do not take place on the Website), and that Listpapa assumes no such risk or liability. You hereby acknowledge that the internet is inherently not a secure medium, and that any information that you provide while using the Website may be disclosed, whether by third parties or otherwise, in a manner that you may not intend. You also acknowledge that any information or content provided to you by other Registered Users or third parties may not be complete or accurate, and you acknowledge that Listpapa cannot ensure or guarantee the completeness or accuracy of such information and content. Listpapa cannot ensure or guarantee that other Registered Users or third parties will actually be who they claim to be, or that other Registered Users or third parties are acting in compliance with this Agreement. You hereby agree to take all necessary precautions in all of your interactions with other users of the Website and with other third parties, particularly if you meet with such other parties offline or in person. Furthermore, you acknowledge and understand that Listpapa makes no express, implied or collateral representations, warranties, covenants, conditions, guarantees or other promises relating to the success, satisfaction and enjoyment of your use of the Website.

 

Listpapa may, in its absolute discretion, remove or prohibit certain activities, content and users from the Website. You agree that, in relation to your use of the Website, you will not:

  • convey false, misleading or inaccurate information;
  • impersonate any other person;
  • engage in defamatory, obscene, offensive, sexually explicit or otherwise objectionable conduct;
  • abuse, harass, intimidate, stalk or threaten other users of the Website or third parties;
  • intentionally annoy, frustrate or anger other users of the Website or third parties;
  • intend to defraud or deceive other users of the Website or third parties;
  • promote hate, racism or violence against any individual or group of individuals;
  • collect, use or disclose any other person's personal information without that person's prior consent;
  • solicit or collect information about any individual who is not the age of majority in both your jurisdiction and in the jurisdiction in which that individual is resident;
  • use copyrighted content (including images, videos, music, and software) that you have not obtained permission to use in such a manner;
  • use images, video or sound clips of any individual, without that individual's permission to use those images, video or sound clips in such a manner;
  • violate any copyright, patent, trademark or other intellectual property right;
  • promote, solicit or advertise for any product, service, entity, organization, person or commercial purpose;
  • send unsolicited emails, chain letters, "junk mail," or "spam;"
  • transmit viruses, trojans, or other computer code or files that are intended to disrupt, limit or destroy the functionality of any computer, network, software, hardware, website or other electronic device or medium;
  • violate, or promote the violation of, any law or any party's rights;
  • violate any other guidelines or rules that may be provided to you on other portions of the Website.

 

If you become aware of any breach of this Agreement, whether by yourself or by any other party, you shall immediately notify Listpapa of such breach, at legal@Listpapa.com

 

7. Other Agreements

 

This Agreement is in addition to and supplements any written agreements (including, without limitation, all software licenses or service agreements) that you have with Listpapa (now or in the future) concerning your dealings with Listpapa, including software and services provided by Listpapa. This Agreement and all other agreements that you have with Listpapa (now or in the future), together, constitute the entire agreement regarding your use of the Website. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you have with Listpapa, the provisions of this Agreement shall govern regarding your use of the Website.

 

8. Permitted Use

 

The Website is made available to you for your lawful personal use only. You may only use the Website in the manner described expressly in this Agreement. Except as otherwise provided in this Agreement, Listpapa hereby grants to you a personal, non-transferable and non-exclusive license to access, read and download one copy of the Listpapa content on this Website. Such content must be used in accordance with this Agreement.

 

9. Restrictions on Use

 

You agree that you will not:

 

  • distribute the Website content for any purpose, including, without limitation, compiling a database, or redistributing or reproducing such content; or

 

  • create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, imitate, reproduce, upload, post, transmit, bundle, sell, sub-licence, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Website content of any party using the Website, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.

 

You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Listpapa or its licensors, or that would allow any third-party to access the Website content of any party using the Website. The restrictions set out in this Agreement shall not apply to the limited extent that such restrictions are prohibited by applicable law.

 

10. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings

 

The framing, mirroring, scraping or data-mining of the Website or any of the Website content, in any form and by any method, is strictly prohibited.

 

 

You acknowledge that listpapa cannot ensure the security or privacy of information you provide through the internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.

 

11. Website Communications

 

You authorize Listpapa to accept communications that it receives from you by means of the Website, and to respond to your communications by means of Internet communications, email or other communications. Communications you send to Listpapa via the Website are not delivered or effective unless and until they are processed by the responsible Listpapa representative.

 

Listpapa reserves the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Website, or of any Listpapa related products, services or websites. Registered Users may elect to either receive or not receive certain emails from Listpapa and third parties by making the relevant designation within their User Accounts, which can be accessed once the Website is no longer in the Preview Mode.

 

12. Codes (Usernames and Passwords)

 

All Codes remain the property of Listpapa, and may be cancelled or suspended at any time by Listpapa, in its absolute discretion, and without any notice or liability to you or any other person. The use of Codes does not restrict Listpapa's access to password-protected information.

 

You must keep your codes confidential, you must not disclose them to any person, and you must not permit any other person to use them. You must take all reasonable precautions to maintain the secrecy of your Codes, including ensuring that any information stored on any computer with which you access the Website is protected against unauthorized access by other persons.

 

Listpapa is not required to confirm the identity or authority of any person using your Codes. Listpapa may act upon any communication that is given with the use of your Codes. Listpapa may, in its absolute discretion, require proof at any time of the authority of any person seeking to use your Codes, and may refuse to accept or act upon any communication if it is not satisfied with such proof.

 

You are fully liable for any use or misuse of your codes. You must ensure that all uses of your codes comply with this agreement. Codes may not prevent unauthorized access to your data, your user account, or any other information that you may use in connection with the website. Your use of your codes is at your own risk. You must notify listpapa immediately at support@listpapa.Com if you know or suspect that your codes have been lost or stolen, or become known to or used by any other person. Until you give such notice to listpapa and listpapa actually receives and processes it, you will continue to be fully liable for all authorized and unauthorized use of your codes.

 

13. Proprietary Information

 

The Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Website are the property of Listpapa or its owners, licensors, subsidiaries, principals or affiliated corporations. The Website contains information that is proprietary to us, our partners and users of the Website. We assert full protection in all of the intellectual property on the Website. Information posted by us, our partners or users of the Website may be protected, whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever, without having first received the express permission of the owner of such information.

 

"Listpapa" is a trade-mark of Bullephant Inc. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names, and logos of their respective owners. Any use of the trademarks, service marks, trade names, or logos displayed on the Website (collectively "Marks"), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks.

 

14. External Links

 

The Website may contain links to other websites or Internet resources ("Other Sites"). Other Sites are independent from Listpapa, and Listpapa has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Listpapa does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites; and, when you access Other Sites, you are doing so at your own risk. Links on the Website to Other Sites should not be construed to mean that Listpapa is affiliated or associated with the same, or that it recommends or endorses any of the business, goods, services or content on such Other Sites.

 

15. Liability and Indemnity

 

Listpapa does not accept any liability for your use of the website (which includes all content, features, databases, products and services available on or through the website, and all posts, submissions, communications and other interactions made or engaged in on or in relation to the website).

 

In no event will Listpapa, its affiliates, agents, licensors, suppliers, or their respective directors or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: Damages for loss of use, lost profits or lost savings, even if listpapa or any of its lawful agents or employees have been advised of the possibility of such damages or claim.

 

You agree to defend, indemnify and hold harmless us, our officers, directors, employees and agents, and any third party who may be affected, from any loss or damages, including, without limitation, reasonable legal fees, which may be suffered due to your use of the website, including, without limitation, any breach by you of this agreement, or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim.

 

16. No Warranties

 

Your use of the website is at your own risk. listpapa is not responsible for any online or offline conduct of any user of the website. the website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, including, without limitation, implied representations, warranties, or conditions of or relating to accuracy, accessibility, availablility, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, quality, results, security, service, timeliness, title, uninterupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by listpapa to the fullest extent permitted by law. The operation of the website may be affected by numerous factors beyond the control of listpapa, and may not be continuous, uninterrupted or secure.

 

17. Modifications to Website and Agreement

 

Listpapa assumes no obligation to update the content on the Website. The content on the Website may be changed without notice to you. Listpapa is not responsible for any content that you may find undesirable or objectionable. Listpapa disclaims any liability for unauthorized use or reproduction of any portion of the Website.

 

Listpapa may modify this Agreement from time to time. Notification of changes in this Agreement will be made as and when we may determine, in our absolute discretion. If you do not agree to any modifications, you should terminate your use of the Website. Your continued use of the Website now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

 

18. Dispute Resolution and Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the country of Isle of Man, and any disputes arising out of this Agreement will be subject to the courts of Isle of Man and the courts applicable within the country. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of the courts in Isle of Man in respect of all disputes arising from this Agreement. You acknowledge and agree that any breach of this Agreement by you may cause Listpapa irreparable harm, and that Listpapa will be entitled to seek extraordinary relief in a court of competent jurisdiction, including, but not limited to, injunctions and restraining orders. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. In addition, although we have no obligation to monitor or mediate any dispute between you and any other user of the Website, we reserve the right to do so at our absolute discretion.

 

19. Assignment

 

You do not have the right to assign this Agreement or any of your rights relating to your use of the Website to anyone. Listpapa has the right to assign any or all of its rights and duties under this Agreement to any third party. At the election of Listpapa, if Listpapa's obligations hereunder are assumed by a third party, Listpapa shall be relieved of any and all liability under this Agreement.

 

20. Termination

 

This Agreement is effective until terminated by Listpapa, at its absolute discretion. We may terminate this Agreement without notice to you if you fail to comply with any of its terms, or if you act in any way that is otherwise inappropriate or unlawful. Any such termination by Listpapa shall be in addition to and without prejudice to any other rights and remedies that may be available to Listpapa, including injunction and other equitable remedies.

 

21. Other Matters

 

This Agreement enures to the benefit of and is binding upon each of Listpapa and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives.

 

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent or waiver of a continuing breach or default, or of any other breach or default. No consent or waiver will be effective unless it is made in writing and signed by all parties.

 

Any rights not expressly granted by this Agreement are reserved to Listpapa.

 

22. Contact Us

 

Listpapa attempts to assist its users through its customer service representatives ("CSRs"). You may not communicate with our CSRs in any manner that is abusive, offensive, threatening, obscene, racist, sexist, defamatory or otherwise objectionable. If you communicate with our CSRs in such a manner, we may immediately, at our absolute discretion, terminate your User Account

 

If you have any questions about this Agreement, please contact Listpapa at:

 

legal@Listpapa.com