Content

By using our Services you may provide us with information, materials, or other content (together, “Content”). You grant us all rights to your Content necessary so that we can perform the Services (and allow others to perform the Services on our behalf). You are solely responsible for your Content, and you promise that you have the right to use it and to provide it to us and our contractors to perform the Services. We may choose to (but aren’t obligated to) review your Content, and we may remove any Content from the Services or refuse to provide Services with respect to certain Content, if we believe, in our discretion, that such Content is unlawful or objectionable in any way. We are not responsible for storing any Content or any information or materials relating to the Content.

Privacy

You may provide us certain personally identifiable information about yourself through the Services; how we collect and use this information is explained in our Privacy Policy which you can find here, which is incorporated into this Agreement by reference.

Restrictions

You will not use or access the Services (including the uploading of any Content)  in any manner that (i) is illegal or violates the intellectual property rights or any other rights of any person or entity or (ii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program or (iii) interferes with the proper working of, or places an unreasonable load on, the Services’ infrastructure.

Intellectual Property

This Agreement grants you certain rights to use our Services, but it doesn’t grant you any right, title, or interest in or to, the Services, the API, or our trademarks, logos, domain names, or other brand features, or any information or materials relating to any of those things, all of which remain ours.

Disclaimer

This is important, so we put it in all caps to get your attention: THE SERVICES ARE PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

Here’s some more important stuff, so we’re shouting again: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO US FOR THE TWELVE MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. Again, some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Indemnity

You will indemnify and hold us, our affiliates, officers, employees, agents, suppliers and licensors harmless from any third party claims, and related damages, settlements and expenses, arising out of your use of the Services, the API, or the subject matter of this Agreement.

Fees and Payment

You will pay us in accordance with the pricing and payment terms for the Services you selected during the listing process (other than those which we include for free), as they may be changed from time to time as described under “Enhancements” below (“Subscription”). We will charge the relevant Subscription fees to the credit card (or other payment method) you provided, so please make sure to keep that information current and accurate. There are no refunds, except described in “Termination” below. Your Subscription maybe automatically be renewed, except if you or we decide to cancel or terminate (again, see “Termination” below on how to do that).

If you believe that we have charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any charges that are more than 30 days old.

Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes levied on our net income.

Enhancements

We may revise this Agreement (as well as pricing and payment terms on our site) from time to time, by notifying you directly or by posting a new version to our website, and you are responsible for checking our website regularly for any such changes. In the event of any such change, you may continue to access or use the Services after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using the Services.

We may improve or modify the Services, without notice to you.

Termination

You can stop using our Services any time, by cancelling or withdrawing your listing[s] at anytime from your online account admin area.

We reserve the right to terminate this Agreement and suspend or end the Services immediately, at any time, without notice or refund to you, if you are not complying with this Agreement, or if you use the Services in any way that we believe could cause us legal liability or disrupt others’ use of the Services.

We can also terminate this Agreement and your use of the Services for our convenience (that is, for no reason at all), with 30 days prior notice to you. If that’s the case, and if you’ve pre-paid any fees to us, we’ll refund a pro-rata portion of those pre-paid amounts, based on the remaining time or Services you’ve paid for, whichever is less.

As of termination, you won’t have any right to access or use the Services or the API, but the rest of the terms of this Agreement will continue to apply.

Miscellaneous Legal Terms

We aren’t legal partners with you, and nothing in this Agreement will be deemed to establish a joint venture, partnership, agency or employment relationship between us and you.