TERMS OF SERVICEUpdated Dec 06, 2016
Description of Services Contalist is a Software-as-Service application that helps you to manage your contacts and their data effectively. We provide the services solely for your personal, noncommercial use.
License and Service Access Contalist grants you a limited license to access and make to personal use of the Service. This license does not permit you to, and you agree that you will not: (i) upload to, post on, or transmit through the Service any information that you do not have a right to make available (such as the intellectual property of another party or information that you are not legally permitted to use); (ii) upload to, post on, or transmit through the Service any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) take any action that imposes or may impose (in Contalist’s sole discretion) an unreasonable or disproportionately large load on Contalist’s infrastructure; (iv) enter information or download information from the Service through any means other than direct user interaction with the Service; or (v) make any use of data mining, robots, or similar data gathering and extraction tools to submit Content to the Service. You may not bypass any measures used by Contalist to prevent or restrict access to the Service. Any unauthorized use of the Service by you shall terminate the permission or license granted to you by Contalist and will make any further use of the Service an infringement of Contalist’s intellectual property rights.
Your Account If you use the Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify Contalist immediately of any unauthorized use of your account or any other breach of security.
You agree that you will comply with all applicable state, local, federal and international laws when using the Services including, for instance, privacy laws and anti-spam laws in the US, Canada and elsewhere. Contalist reserves the right to refuse service, terminate accounts and/or reject submitted content in its sole discretion.
Terms Specifically Applicable to Content The following terms apply specifically to Content:
You expressly agree that Contalist has no obligation to review any Content you submit; however, we reserve the right to reject any Content that we, in our sole discretion, deem libelous, derogatory, pornographic, illegal, or otherwise inappropriate.
As part of the Service, the Content may be processed in a country other than the one in which you (or any data subject associated with such Content) reside. You hereby grant consent for such processing and you represent and warrant that you are authorized to grant such consent on the part of any data subject associated with such Content.
We do not claim ownership of any Content you make available through the Service. With respect to Content you submit, you grant Contalist a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any Content you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this section.
Contalist repudiates any and all legal liability for opinions or other information included in any Content.
You understand and agree not to use any functionality provided by the Service to submit Content that: (i) Contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) Impersonates others or provides any kind of false information; (iii) Contains unauthorized downloads of any copyrighted or private information; You agree that you are solely responsible for the Content you provide and for any use you make of such Content after it has been processed by Contalist.
Disclaimer of Warranty. EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND CONTALIST, CONTALIST MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, CONTENT OR SERVICES PROVIDED. AS BETWEEN YOU AND CONTALIST, ALL PRODUCTS, CONTENT AND SERVICES ON THE SITE ARE PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL CONTALIST BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER INFORMATION OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER INFORMATION.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTALIST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SERVICE OR ANY RELATED SERVICES.
Indemnity. You agree to indemnify and hold Contalist Solutions (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, your violation of any law or the rights of a third party (including any data protection or anti-spam rights) or any claim or liability associated with your use of any Content we have processed as part of the Services.
Electronic Communication. When you use the Service or send emails to Contalist, you are communicating with Contalist electronically. You consent to receive communications from Contalist electronically. Contalist will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links. The Service may provide links to other World Wide Web sites or resources. Because Contalist has no control over such sites and resources, you acknowledge and agree that Contalist is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Contalist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Service is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
Procedure for Claims of Intellectual Property Infringement. Contalist Respects the intellectual property of others, and we ask our users to do the same. Contalist may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide contalist the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.