Terms
of Service
Thank you for using the app. These Terms of Service (the
“Terms”) and our Privacy Policy govern your use of all
available the app Services and Apps (“Mr. List”), so please read them
carefully before using the app.
By using this app, you agree to be bound by these Terms. If you
don’t agree to these Terms, do not use “Mr. List”. If you are using “Mr. List”
on behalf of an organization (such as your employer), you are agreeing to these
Terms for that organization, and are indicating that you have the authority to
bind that organization to these Terms. In that case, “you” and “your” will
refer to that organization.
We may revise the Terms from time to time. Changes may be posted
to our blog and within our Apps, so please check that regularly. The most
current version will always be posted on our Terms page. By continuing to use “Mr.
List” after revisions become effective, you agree to be bound by the revised
Terms. If you do not agree to the new Terms, please stop using “Mr. List”.
Auto Renewing Subscriptions
For auto renewing subscriptions completed in
our iOS Apps following terms apply:
- Payment will be charged to iTunes Account at confirmation of
purchase.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
- You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
- You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
Your Information and Responsibilities
You may use “Mr. List” only if you are 13 years or older and are
not barred from using “Mr. List” under applicable law.
“Mr. List” Intellectual Property Rights
“Mr. List” and its licensors exclusively own “Mr. List”,
including all associated intellectual property rights. You acknowledge that “Mr.
List” is protected by copyright, trademark, and other laws of USA, the United
States and other foreign countries. You agree not to remove, alter or obscure
any copyright, trademark, service mark or other proprietary rights or notices
incorporated in or accompanying “Mr. List”.
“Mr. List” grants you a limited, non-exclusive, non-transferable
license to view, copy, and display “Mr. List” solely in connection with your
permitted use of “Mr. List”.
General Prohibitions
You agree not to do—or attempt to do—any of the following:
- Probe, scan, or test the vulnerability of any “Mr. List”
system or network or breach any security or authentication measures;
- Access, tamper with, or use non-public areas of “Mr.
List”, “Mr. List”’s computer systems, or the technical delivery systems of
“Mr. List”’s providers;
- Decipher, decompile, disassemble or reverse engineer
any of the software used to provide “Mr. List”;
- Interfere with, or attempt to interfere with, the
access of any user, host or network, including sending a virus,
overloading, flooding, spamming, or mail-bombing “Mr. List”;
- Access or search “Mr. List” or download any
intellectual property from “Mr. List” through the use of any engine,
software, tool, agent, device or mechanism (including spiders, robots,
crawlers, data mining tools or the like) other than our publicly supported
interfaces;
- Plant malware or use “Mr. List” to distribute malware;
- Send any unsolicited communications, promotions,
advertisements or spam;
- Send altered, deceptive or false source-identifying
information, including “spoofing” or “phishing”;
- Post or transmit anything that is fraudulent or
misleading, or that infringes on others' rights;
- Impersonate or misrepresent your affiliation with any
person or entity;
- Violate the privacy of others;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of
the above.
Although we’re not obligated to monitor access to or use of “Mr.
List” or your content or to review or edit any of your content or the
intellectual property of other “Mr. List” users, we have the right to do so for
the purpose of operating “Mr. List”, to ensure compliance with these Terms, or
to comply with applicable law or other legal requirements. We reserve the
right, but are not obligated, to remove or disable access to any of your
content, at any time and without notice, including, but not limited to, if we,
at our sole discretion, consider any of your content to be objectionable or in
violation of these Terms. We have the right to investigate violations of these
Terms or conduct that affects “Mr. List”. We may also consult and cooperate
with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy
We respect copyright law and expect you to do the same. It's our
policy to terminate those accounts that repeatedly infringe or are believed to
be repeatedly infringing the rights of copyright holders.
Termination
We may suspend “Mr. List” or terminate your access to and use of
“Mr. List”, at our sole discretion, at any time and without notice to you. For
example, we may suspend or terminate your use if you are not complying with
these Terms, or use “Mr. List” in any way that would cause us legal liability
or disrupt others’ use of “Mr. List”. If we suspend or terminate your use, we
will try to let you know in advance and help you retrieve data, though there
may be some cases (for example, repeatedly or flagrantly violating these Terms,
a court order, or danger to other users) where we may suspend immediately. You
may cancel your use of this app at any time.
Warranty Disclaimers
“MR. LIST” OR OUR LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED
“AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE
EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT “MR.
LIST” WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE,
OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
Indemnity
You will indemnify and hold harmless “Mr. List” and its
officers, directors, employees and agents, from and against any claims,
disputes, demands, liabilities, damages, losses, and costs and expenses,
including, without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with (i) your access to or use of “Mr. List” or
our licensors' intellectual property; (ii) your content; or (iii) your
violation of these Terms.
Limitation of Liability
NEITHER “MR. LIST” NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING “MR. LIST”, INCLUDING OUR LICENSORS, WILL BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR
SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE “MR. LIST”
OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT “MR. LIST” HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
IN NO EVENT WILL “MR. LIST”’S TOTAL LIABILITY ARISING OUT OF OR
IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE “MR. LIST”
OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO “MR. LIST” FOR
USE OF “MR. LIST” OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT
OBLIGATIONS TO “MR. LIST”, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN “MR. LIST”
AND YOU.
GOVERNING LAW
These Terms and any action related thereto will be governed by
the laws of the USA without regard to its conflict of laws provisions.
General Terms
These Terms constitute the entire and exclusive understanding
and agreement between “Mr. List” and you regarding “Mr. List”, and these Terms
supersede and replace any and all prior oral or written understandings or
agreements between “Mr. List” and you regarding “Mr. List”, except that if you
become a party to “Mr. List”'s Business Agreement, either before or after
reviewing these Terms, the terms and conditions of the Business Agreement will
govern over any conflicting provisions herein. If for any reason a court of
competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force
and effect.
You may not assign or transfer these Terms, by operation of law
or otherwise, without “Mr. List”’s prior written consent. Any attempt by you to
assign or transfer these Terms, without such consent, will be null and of no
effect. “Mr. List” may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure to the
benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by “Mr. List” under
these Terms, including those regarding modifications to these Terms, will be
given: (i) by “Mr. List” via email; or (ii) by posting to our website. For
notices made by e-mail, the date of receipt will be deemed the date on which
such notice is transmitted.
“Mr. List”’s failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. The waiver of any such
right or provision will be effective only if in writing and signed by a duly
authorized representative of “Mr. List”. Except as expressly set forth in these
Terms, the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms, please contact us
at: iosappfeedbacks@gmail.com
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