LikeList - Terms

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Terms of use

Policy

By using the LikeList Services (as defined below), which are owned and operated by LikeList Inc. ("LikeList") and by accessing the LikeList website located at http://www.likelist.com, and all linked pages owned and operated by LikeList (collectively, the "LikeList Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").

Use of and membership in LikeList is void where prohibited. By using the LikeList Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the LikeList Site does not violate any applicable law or regulation; (d) your LikeList account has not been suspended or disabled in the past.

By using the LikeList Site and/or LikeList Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). Your profile and account may be deleted and your membership may be terminated without warning, if we believe that you are younger than 13 years of age.

You are solely responsible for your interactions with other LikeList members. LikeList reserves the right, but has no obligation, to monitor disputes between you and other members. LikeList disclaims liability for any loss or damage resulting from communications or dealings you may have with other users and businesses on the LikeList Site. Your communications and dealings with other users and businesses are solely your and their responsibility, although LikeList reserves the right to monitor any such communication or related subsequent disputes.

You agree to comply with these Terms of Service, including, specifically, the LikeList Privacy Policy (www.likelist.com/privacy), which is incorporated herein by reference, and with all laws and regulations applicable to your access and use of LikeList and publishing your Content. As used within this Terms of Service, "Content" shall include, but is not limited to, text, images, files, photos, video, audio, works of authorship, or any other forms of data or communication. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access LikeList or collect information from it.
What We Do

LikeList provides an on-line forum through the LikeList Site to locally connect businesses with consumers, and provides consumers an ability to evaluate businesses and review evaluations by other consumers, as well as other features, content and applications offered from time to time by LikeList (collectively, the "LikeList Services").
Restrictions on Rights to Use

You agree that you shall not (and you agree not to allow any third party to):
1. Modify, adapt, translate, or reverse engineer any portion of the LikeList Site and/or LikeList Service;
2. Remove any copyright, trademark or other proprietary rights notices contained in or on the LikeList Site and/or LikeList Service or in or on any Content or other material obtained via the LikeList Site and/or LikeList Service;
3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the LikeList Site and/or LikeList Service;
4. Access, retrieve or index any portion of the LikeList Site and/or LikeList Service for purposes of constructing or populating a searchable database of business reviews;
5. Collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other LikeList users or members;
6. Reformat or frame any portion of the web pages that are part of the LikeList Site and/or LikeList Service;
7. Create or use user accounts by automated means or under false or fraudulent pretenses, including, but not limited to, the impersonation of people or entities or the use of a user account without the account owner’s explicit permission;
8. Create or transmit unwanted electronic communications such as "spam" to other users or members of the LikeList Site and/or LikeList Service or otherwise interfere with other user’s or members’ enjoyment of the LikeList Site and/or LikeList Service;
9. Attempt to subvert natural search results via keyword spamming or other such techniques;
10. Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
11. Use the LikeList Site or LikeList Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
12. Copy or store any Content offered on the LikeList Site for anything other than your own use;
13. Use any device, software or routine that interferes with the proper working of the LikeList Site and/or LikeList Service, or otherwise attempt to interfere with the proper working of the LikeList Site and/or LikeList Service;
14. Use the LikeList Site for promotional purposes, except as expressly permitted by LikeList;
15. Generate a conflict of interest, such as would result from creating "shill" reviews or trading reviews with other business owners.
16. "Like", or post comments about, a single business from more than one user account
17. Use the LikeList Site for promotional purposes, except as expressly permitted by LikeList;
18. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
19. Use the LikeList Site and/or LikeList Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; Collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
20. Take any action that, at our sole discretion, violates the intended use of the LikeList Services.
Content Posted By You on the LikeList Site

You are solely responsible for any Content and other material that you submit, publish or display on the LikeList Site or transmit to other members and/or other website users (hereinafter, "Posted Content").

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

You may not provide any Posted Content that falsely expresses or implies that such Posted Content is sponsored or endorsed by LikeList.

You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.

You understand and agree that LikeList may review and delete any business listings (including business name, address, phone, fax, distance, notes) or other Posted Content that in the sole judgment of LikeList violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the LikeList Site and/or other website users.

You are solely responsible for your notes and comments regarding businesses listed on LikeList. LikeList reserves the right, but has no obligation, to monitor disputes between you and any entity on which you have commented

You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.

The following is a partial list of the kind of content and communications that are illegal or prohibited on/ through the LikeList Site. LikeList reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the LikeList Site and terminating the membership of such violators or blocking your use of the LikeList Service and/or LikeList Site. You may not post content that:
1. is false or intentionally misleading
2. is patently offensive to users of the LikeList Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. Offensive usernames are not permitted.
3. harasses or advocates harassment of another person
4. involves the transmission of unsolicited mass mailing or "spamming"
5. violates the intellectual property or other rights of any person
6. promotes illegal activities or conduct that is abusive
7. is threatening, obscene, defamatory or libelous
8. is pornographic or sexually explicit in nature and
9. seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
If you believe content on the LikeList Site infringes your copyright or other intellectual property rights, or is defamatory, you can contact our agent for service of notice at LikeList, Inc, at 440 N. Wolfe Rd., MS- 159, Sunnyvale, California 94085. Please make sure your notice meets the Digital Millennium Copyright Act requirements.
Coupons

All Coupons purchased through the LikeList Site are promotional Coupons that may be purchased from participating third party merchants ("Merchants") to be used in exchange for products and services with a time limited promotional added value.

By placing an order for a Coupon from a Merchant, you make an offer to purchase the deal you have selected on the terms, restrictions and conditions herein and presented to you at the time you commit to purchase the particular Coupon. To the extent any terms herein conflict with the specific terms presented with the Coupon, such specific terms shall govern to the extent permissible by law.

The Merchant, not LikeList, is the seller of the Coupon and the products and services provided in connection therewith, and is solely responsible for redeeming any Coupon you purchase. As issuer of the Coupon, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products or services, as well as for any unclaimed property liability arising from unredeemed Coupons or portions thereof. You waive and release LikeList and its officers, directors, employees, and agents from any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with (i) a Coupon or the products or services provided in connection therewith, or (ii) compliance with applicable unclaimed property and other laws.

Each Coupon combines two separate portions that make up the offer: (i) a paid portion equal to the amount paid for such Coupon (the "Cash Value"), and (ii) a promotional portion for the balance of the value of the offer if used by the promotional expiration date on the Coupon (the "Promotional Portion"). According to applicable law, the Merchant may be responsible for allowing you to redeem your Coupon for the Cash Value for a period of time that extends beyond the expiration date on the Coupon. In the event you have an expired Coupon and would like to redeem it for the Cash Value, please contact the Merchant.

The following additional terms and conditions apply, unless otherwise set forth in the Coupon or required by law:
1. The Coupon is not redeemable for cash.
2. No cash will be issued for partial redemption of the Cash Value portion of the Coupon, except as required by law.
3. No cash will be issued for partial redemption of the Promotional Portion of the Coupon.
4. The Coupon may not be combined with any other Coupons, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
5. Coupons cannot be used for taxes, tips, prior balances, or shipping and handling charges.
6. Use of the Coupon for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law.
7. Neither LikeList nor the Merchant is responsible for lost or stolen Coupons or Coupon reference numbers.
8. Reproduction, sale or trade of this Coupon is prohibited unless done so in compliance with applicable law.
9. Unless stated at the time the Coupon is purchased, the Coupon price does not includes sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Coupon.
You are required to create an account in order to purchase any Coupon. All personal information provided to LikeList, including any credit card information will be kept confidential as set forth in the Privacy Policy. Notwithstanding the above, you acknowledge and agree that LikeList may disclose such personal information, except for your credit card information, to the third party merchant issuing a Coupon purchased by you as necessary for such merchant to provision such Coupon.
Your License to LikeList

By posting Posted Content on the LikeList Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant LikeList, its contractors, and the users of the LikeList Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non- exclusive, except you agree that LikeList shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other LikeList users for purposes of constructing or populating a searchable database of business listings, links, notes, reviews and recommendations.
LikeList's License to You

The LikeList Site and some reference sites contain Content of LikeList. Such Content is protected by copyright, trademark, trade secret and other laws, and LikeList owns and retains all rights in such Content and the LikeList Services. LikeList hereby grants you a limited, revocable, nonsublicensable license to reproduce and display LikeList’s Content (excluding any software code) solely for your personal use in using the LikeList Site and the LikeList Services. You may not modify, translate, publish, broadcast, transmit, distribute, perform display or sell any Content appearing on the LikeList Services, except as expressly authorized by LikeList.
Changes to the Agreement or the LikeList Services

You agree and understand that these Terms of Service, the LikeList Site and the LikeList Services may be modified by LikeList at any time without prior notice, and such modifications will be effective upon LikeList's posting of the new terms and/or upon implementation of the new changes on the LikeList Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the LikeList Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by LikeList, any new features, new services, enhancements or modifications to the LikeList Service implemented after your initial access to the Service shall be subject to these Terms of Service.
Links to Other Sites

The LikeList Service may provide links to other web sites not affiliated with and not controlled by LikeList. Because LikeList has no control over such sites, you acknowledge and agree that LikeList shall not be responsible or liable for any content, advertising, products or materials on such sites, or any damages that may occur as a result of your navigation to and use of such sites.
Termination

You can cancel your account at any time by contacting us at customerservice@likelist.com. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including but not limited to repeat infringement) and without notice or liability of any kind. LikeList may choose to assume that you intended to terminate your account if you do not access it for more than three months. LikeList reserves the right to terminate or not terminate at its sole discretion, and failure to terminate an account for any reason shall not preclude LikeList from terminating any account at a later date. Following termination of your account for any reason (including inactivity), at their sole option, LikeList and its licensees may continue or stop publicly displaying some or all of your Content. Even after your account is terminated, Sections 4, 8, 9, 10, 11, 12, 13, 14 and 15 shall remain in full force and effect.
Liability Limits

THE LIKELIST SITE AND LIKELIST SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ALKIKELIST, AND ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

WE AND OUR LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF LIKELIST, OUR SERVICES OR THIS AGREEMENT. YOU RECOGNIZE AND AGREE THAT, UNLESS OTHERWISE NOTED, THE LIKELIST SERVICES ARE PROVIDED TO YOU FREE OF COST AND AS SUCH YOUR SOLE REMEDIATION SHALL BE THE TERMINATION OF YOUR LIKELIST ACCOUNT. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD LIKELIST LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF LIKELIST.

WE FURTHER DISCLAIM ALL LIABILIITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE LIKELIST SITE AND LIKELIST SERVICES. YOUR USE OF THE LIKELIST SITE AND LIKELIST SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL OR CONTENT FROM THE LIKELIST SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Site Development

THE LIKELIST SERVICE IS UNDER CONTINUOUS DEVELOPMENT AND TESTING BY LIKELIST. THE LIKELIST SERVICE MAY CONTAIN BUGS AND OTHER ERRORS THAT COULD ADVERSELY AFFECT THE USE OR PERFORMANCE OF THE LIKELIST SERVICE.
Governing Law / Arbitration

This agreement is governed by California law. Any claim arising out of or relating to this agreement or LikeList shall be settled by binding arbitration in Santa Clara County, California, in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Santa Clara County, California, court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Integration

This agreement and our Privacy Policy (which is part of this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and LikeList with respect to their subject matters.
Indemnity

You agree to indemnify and hold LikeList, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the LikeList Site, (ii) your use of the LikeList Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
General

We do not promise or warrant that any aspect of the LikeList Site or the LikeList Services will work properly or will be continuously available. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with LikeList. Any unenforceable portion of this agreement is deemed severable from this agreement and shall not affect the enforceability of any remaining provisions, which shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.

Last Updated: January, 2011

Terms of Use – Business Account Agreement

Fundamental Terms And Conditions

Use of the LikeList, Inc. ("LikeList") service plans are subject to and governed by this LikeList Terms and Conditions – Business Account Agreement (this "Agreement") as well as the Terms of Service which is incorporated herein by reference. To the extent the terms or provisions of the Terms of Service conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control. [Editorial note – the paragraph above is written in such a way that it seems as though ‘Terms and Conditions’ is supposed to be a separate page. Note the hyperlink for ‘Terms of Service’ linking to itself (that is this page).]
Business Account Terms of Service.

LikeList may at its discretion change the terms of this Agreement at any time without prior notice. Such changes are effective upon publication by LikeList. You agree to review this Agreement as published on the LikeList website periodically so that you are aware of any modifications. If you are dissatisfied with any changes to this Agreement, you may cancel your use of the LikeList service as provided in Section 6 ("Termination of Service"). Your continued use of the LikeList service after any modifications indicates your acceptance of the modified Agreement.
LikeList's Privacy Policy

Please see the current LikeList Privacy Policy which is part of this Agreement.
Subscription Fees

You agree to pay your subscription fee in advance. If your subscription has been terminated, suspended or cancelled for any reason you must reactivate your subscription and you may be charged a reactivation fee. If you are signing up for the LikeList service under a promotional subscription fee, some additional restrictions may apply.
Payment Authorization

If you choose a subscription option with recurring payments (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that LikeList may automatically charge the subscription fee and all other associated charges to your credit or charge card at the beginning of each subscription period. Your LikeList service access will not be established until LikeList has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. LikeList may, when possible, notify you to that your credit card is expiring in order to ensure continued service. LikeList may, at its discretion, change the LikeList subscription fees and/or fees for other services at any time. LikeList will notify you 30 days in advance of any fee changes or new fees applicable to your LikeList service subscription. You are responsible for reviewing your credit card statement for billing accuracy. You have 90 days to dispute any billing that you feel is inaccurate and you are obligated to attempt to resolve the billing issue with LikeList prior to initiating formal dispute procedures with your credit card company. If you do not contact LikeList prior to initiating a formal dispute procedure with your credit card company, LikeList may bill you for the dispute initiation fee (varies by credit card). If you initiate a formal dispute procedure with your credit card company and LikeList prevails in the dispute, LikeList may bill you for the dispute initiation fee. If you do not contact LikeList within 90 days of the disputed billing date, LikeList will not be responsible for any billing errors. LikeList reserves the right to suspend or terminate your LikeList service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to LikeList when LikeList believes you are liable for the charges. You agree to pay a late charge on all amounts due which remain unpaid for 30 days. The late charge will equal 1.5% of the past due amount, or the highest rate allowed by law, whichever is less, per month until paid. Such rights are in addition to and not in lieu of any other legal right or remedies available to LikeList. LikeList reserves the right to refer your account to a third party for collection in the event of an ongoing default.
Termination of Business Service

Subject to any service commitment to which you may be bound, you may terminate your account, this Agreement, and your right to use the LikeList paid service, at any time and for any reason or no reason, by contacting LikeList Customer Support via the methods listed at www.likelist.com/contact. The paid subscription service will be terminated at the end of the service period for which you have paid and unused subscription fees are nonrefundable. Notwithstanding anything to the contrary in this Agreement, LikeList retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in Section 4 ("Subscription Fees [and Service Commitment]") and Section 5 ("Payment Authorization") are refused for any reason, if you breach any provision in this Agreement, if you misuse the LikeList service, or use the LikeList service or software in such a manner as to infringe upon the intellectual property rights of LikeList or any third party. In addition, LikeList reserves the right to terminate your account and this Agreement for any other reason or no reason upon at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the LikeList service before termination.
Warranty Disclaimer

LIKELIST PROVIDES NO EXPRESS WARRANTIES OR DUTIES AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND DUTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, QUIET TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY DUTY OF WORKMANLIKE CONDUCT OR LACK OF NEGLIGENCE. THE LIKELIST PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS AND "WITH ALL FAULTS", WITHOUT ANY WARRANTY OF ANY KIND FROM LIKELIST. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIKELIST, ITS EMPLOYEES OR AGENTS WILL IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
Limitations of Liability

THE TOTAL AGGREGATE LIABILITY FOR LIKELIST AND ITS SUPPLIERS FOR ANY CLAIMS OR OTHER MATTERS ARISING FROM OR RELATING TO THE LIKELIST SERVICE OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNT PAID BY YOU FOR ALIKELILST PRODUCTS AND SERVICES WITHIN THE PAST TWELVE (12) MONTHS. YOU ACKNOWLEDGE AND AGREE THAT LIKELIST IS NOT LIABLE FOR CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, OR DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, PROFITS, OR GOODWILL, OR ANY OTHER SPECIAL DAMAGES, WHETHER THE CLAIM IS BASED ON NEGLIGENCE, BREACH OF CONTRACT, OR EXPRESS OR IMPLIED WARRANTY, STRICT LIABILITY, MISREPRESENTATION, STATUTE, TORT, OR ANY OTHER THEORY OF RECOVERY, EVEN IF YOU OR WE KNEW SUCH DAMAGES COULD OR MAY RESULT.