Terms of Use

Please read these terms of use ("Site Terms") carefully as they describe the legal framework in which you participate on the Web site igottaList located at www.igottalist.com (the "Site"). Your use of the Site constitutes acceptance of these terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.

igottaList reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Registration and eligibility

You must provide true, accurate and complete registration information to be an igottaList member, and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Use of our Web Site by Children Under 13

igottaList members under the age of 13 should be registered on their behalf by a parent, guardian or other user 13 years of age or over, and no personal information regarding such child should be submitted directly by a child under 13. If children under 13 wish to create an igottalist list, they should ask their parent or guardian to open an account and create one on their behalf. If you are under 13, do not attempt to create an igottalist account and do not provide any personal information on our web site. igottaList does not intend to collect any personal information from children who are under 13 years of age, except as may be permitted by law.

Conditions For Use

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through igottaList.

If you elect to post material to any blogs, forums, channels or other community boards that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, images, graphics, photos, audio clips, sounds, video or other materials (the “Postings”). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person’s privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give igottaList the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that IgottaList has no obligation to monitor or delete any such postings. Please be aware that igottaList does not and cannot monitor all of the Postings made to the sites, and therefore igottaList will not be responsible for the content of any Postings. However, igottaList does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If igottaList elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will igottaList be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:

• that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
• that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that include personal or identifying information about another person without that person’s explicit consent.
• that are false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
• contain your own or a third party’s advertising, branding or promotional content;
• that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available; restrict or inhibit any other user from using and enjoying the igottaList sites or the IgottaList services offered on them.
• that relate to products that sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner.

Because igottaList does not monitor the Postings, you agree to use and rely on them at your own risk. igottaList cannot make any representation or warranty about the material contained in the Postings. igottaList likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will IgottaList be liable for any activity or injury that may occur.

Proprietary Rights

igottaList does not claim any ownership rights in any Materials that you submit, post, or display on or through igottaList. After submitting, posting or displaying Materials on or through igottaList, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through igottaList, you hereby grant to igottaList and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with igottaList or the promotion thereof.

Trademarks

igottaList, the igottaList logo and any other product or service name or slogan contained in the Site are trademarks of igottaList and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of igottaList or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "igottaList" or any other name, trademark or product or service name of igottaList without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of igottaList and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Non-U.S. Users

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this web site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the state of California.

Limitation on Liability

IN NO EVENT SHALL IGOTTALIST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF IGOTTALIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN.

Disputes

If there is any dispute about or involving the site or service, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Santa Clara. IgottaList may demand that any dispute between IgottaList and you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Santa Clara, California, USA.

Indemnity

You agree to indemnify and hold igottaList, its subsidiaries, and affliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes IgottaList to be liable to another.

Changes to the Terms of Use

IgottaList may change this policy from time to time at its discretion. Your continued use of our sites indicates your consent to the Terms of Use and any amended versions of it. This policy was last updated on January 1, 2009.